Patents on the soles of your shoes...

Monday, March 25, 2019

Oh, patents! West Paw™ (3) Toppl®

The West Paw™ Toppl® treat-dispensing toy has two interlocking parts with varying degrees of unlock difficulty, designed both to create and adjust the challenge of retrieving favorite treats lodged inside the two parts of the toy. Each part of the toy has a weighted bottom so that when the two parts are unlocked, each one rights itself up, with the oval openings facing up, thus always enabling access to the treats. Both parts of the toy have molded gripper petals on the bottom, designed to secure treats inside the toy in a variety of combinations, some of which might include retrieval from the side window opening of the toy.

Compared to the prior art of treat dispensing toys, West Paw’s™Toppl® invention offers both mental stimulation and joy. The two interlocking parts function as a puzzle, with varying levels of difficulty, and treat dispensing configurations. The two parts also function independently, as two separate treat dispensing toys.

The Toppl® interlocking parts are each made of a single piece of injection molded material called Zogoflex®, the proprietary material of choice for all West Paw’s™ durable dog toys. Zogoflex® material has many desirable properties such as being almost indestructible, highly resistant to chomping and chewing, eco-friendly, non-toxic, latex-free and BPA free, machine washable and both semi-rigid and flexible.

West Paw’s™ Toppl® toy invention is recited in the US utility patent US9622458B2 titled Two-part self-righting pet toy with internal gripper petals. The patent recites the preferred embodiments of the invention, in particular, the two honey-pot shaped parts of the toy, one smaller and one larger, with oval and flared openings at the top. The necks of each part of the toy comprise ridges and grooves, of slightly decreasing circumference relative to the top opening. The oval openings are designed in such a way that the smaller toy part fits inside the larger toy part, engaging with the ridges and grooves of the larger part at various depths of interlock. The two parts lock even more tightly when the smaller part is rotated within the larger part so that the oval openings are no longer aligned.

The description of the invention also includes specification of the evenly-spaced, radial configuration of the plurality of tapered gripper petals. The gripper petals are designed to hold treats in place and to further vary the levels of access difficulty. The gripper petals extend from the bottom of the toy part, weighted due to the thickness of the material, up to beneath the grooves and ridges of the oval opening. The radial configuration of the petals also allows space between the interior walls of the toy part and the petals.

The toy's window is also described with its threefold purpose: enabling the dog to see the treats, enabling access to a treat without unlocking the two parts of the toy and enabling more treats to be inserted without unlocking the toy.

The abstract of this invention is included below, together with the patent Figure 1, and an image of the marketed interlocked Toppl® treat toy, in Aqua blue and Tangerine. Figure 1 depicts the two unlocked honeypot-shaped parts (1 and 2) of the Toppl® treat toy, with the windows 3, the gripper petals 4, the oval-shaped top opening 5, the neck area 6, the ridges 7 and grooves 8, the thicker weighted bottom 9.

A Youtube video of the West Paw™ Toppl® treat toy, in action, is also included above.

A pet toy comprising a first part and a second part, each made of a single piece of molded, durable, semi-rigid and flexible material and each comprising a weighted bottom, flared open top that is oval in shape, and plurality of gripper petals extending from the weighted bottom toward the flared open top. Each part comprises a neck area with a plurality of grooves and ridges. The flared open top of the first part fits into the flared open top of the second part and engages with the grooves inside the neck area of the second part. The inner circumference of each successive groove is preferably smaller as the distance from the open flared to increases. [Abstract US9622458B2]

Reference

West Paw™

www.westpaw.com

Sunday, March 24, 2019

Oh, patents! West Paw™ (2) Tux®

Tux® is West Paw’s™ toughest treat-dispensing, dog toy. Designed for extreme chewers, Tux®’s cavity may be filled with treats, even gravy, broth or soft food, frozen in summer, to create a delicious and refreshing Tux®-cicle.

This toy was awarded the design patent USD585162S1, titled Pet toy. As a reminder: “a utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171) [MPEP Chapt. 1502.01; [R-07.2015]].

The chew Tux® is available in two sizes for small and large dogs, in Tangerine, Aqua blue and Granny Smith colors. It is made out of a proprietary injection-molded material called Zogoflex®, which is non-toxic, eco-friendly, flexible, extreme chewer-resistant, long-lasting, latex-free, BPA-free and dishwasher safe. According to West Paw™, the Tux® design, in combination with Zogoflex®, results in the closest to an indestructible toy! Indeed, the company even offers a Love it guarantee™, where a single-time free replacement may be obtained in case the toy were to ever get shredded.

Figure 4, extracted from the design patent drawings, is included below, together with an image of a treat-filled marketed Tux® toy, in the Granny Smith color. A Youtube video of Tux® in action is also included above.

References

West Paw™
https://www.westpaw.com/
MPEP – Chapt. 1502-01 – Distinction between design and utility patent
https://www.uspto.gov/web/offices/pac/mpep/s1502.html

Friday, March 22, 2019

Oh patents! West Paw™ (1) Quizl™

Got a pooch? West Paw™ has a patented, treat-dispensing, toy called Qwizl™ designed for extreme chewers. The Quizl™ design is patented in USD821041S1 titled Pet toy.

As a reminder: “a utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171) [MPEP Chapt. 1502.01; [R-07.2015]].

The West Paw™ Quizl™ is marketed in three different colors Tangerine, Aqua Blue, and Granny Smith. The toy extends the life of pet treats while offering your pet a mentally stimulating challenge. The side openings of the toy release taste and scent. Internal flexible ridges accommodate different sorts of treats. Quizl™ is fabricated with the proprietary eco-friendly, non-toxic, latex-free, BPA-free, flexible, chomp-resistant, machine washable, and extremely durable Zogoflex® injection-molded material. The curved shape is designed to make it easy for dogs to hold the toy in place with paws.

Figure 3 of the design patent is included below, together with an image of the Aqua Blue marketed Quizl™. A short Quizl™ YouTube video is also included above.

References

West Paw™

https://www.westpaw.com/

MPEP – Chapt. 1502-01 – Distinction between design and utility patent

https://www.uspto.gov/web/offices/pac/mpep/s1502.html

Thursday, March 21, 2019

Terminology: World Trisomy 21 Day

Copyright Françoise Herrmann

Today is Trisomy 21 Day! So, whatever you do today, remember to do it three times! Or, if that gets too complicated, then count to three, listen to your favorite song three times, eat three apples, or just wear your craziest socks!

Why? Because almost 1 in 700 births in the US results in babies born with a trisomy 21 birth defect, a genetic disease where three copies of chromosome #21, instead of just a single pair, are found at position #21, out of 23 positions of an individual's DNA sequence.

Trisomy at position #21, is the most common genetic defect of all times. It has been called Down’s Syndrome since 1866 when the British physician John Langdon Down first described it. At position #18, the disease is called Edwards’ Syndrome, at position #13, it is called Palau Syndrome. Trisomy at an identified position means that every cell in the body has an extra chromosome copy, thus causing a wide range of symptoms, and well-described afflictions, together referred to as a syndrome.

The discovery of the genetic roots of Down Syndrome as trisomy 21, 50 years ago, in 1959, by a French research team led by Jerôme Lejeune, opened the path for the discovery of other trisomies, and forever changed the fate of children afflicted with these extra chromosomes. Lately, this discovery is also forever changing the related terminology, since trisomy is the more accurate descriptor compared to other eponymous possibilities.

So, don’t forget to update your termbases today, or to create a new flashcard for the term trisomy 21, celebrated 3/21, in honor of all those afflicted with this extra chromosome. March 21, celebrated as World Down Syndrome Day was voted on December 19, 2011 by the UN General Assembly, as UN Resolution 66/149.

References

CDC – Centre for Disease Control and Prevention – Data and Statistics on Down Syndrome

https://www.cdc.gov/ncbddd/birthdefects/downsyndrome/data.html

Foundation Jérôme Lejeune

https://www.fondationlejeune.org/trisomie-21/

NCBI – National Library of Medicine and Institutes of Health - The 50th anniversary of the discovery of Down syndrome: the past, present, and future of research and treatment of Down syndrome

https://www.ncbi.nlm.nih.gov/pubmed/19636252

NICHD – National Institute of Child Health and Development - March is trisomy awareness month

https://www.nichd.nih.gov/newsroom/resources/spotlight/031513-trisomy

NIH- NLM - National Institutes of Health - National Libary of Medicine - Genetics Home Reference

https://ghr.nlm.nih.gov/chromosome/21

United Nations – World Down syndrome day March 2019

https://www.un.org/development/desa/disabilities/news/dspd/world-down-syndrome-day-21-march-2019.html

United Nations Resolution 66/49 adopted by the UN General Assembly on 19 December 2011 re. Wold Down Syndrome Day.

https://undocs.org/A/RES/66/149

Tuesday, March 19, 2019

Oh, patents! L'Oréal two-step mascara

Washable mascara, easily removed with soap and water, has the advantage of enhancing the thickness of eyelashes. However, it is prone to running, and snudging when eyelashes are rubbed. Waterproof mascara has the advantage of being smudge-proof and water resistant, but it requires an organic solvent for removal such as a mineral oil. Prior art development in mascara consists of separately enhancing any given property of washable or waterproof mascara. A two-step mascara application aims to further improve both sorts of mascara, washable and waterproof, by combining their application.

Thus, the purpose of this invention is to offer a two-step system of mascara application, comprising a first application of washable mascara, followed by a second application of waterproof mascara. This two-step application of mascara is intended to enhance the thickness of real or false eyelashes, to promote greater water and smudge-resistance, and to facilitate the removal of mascara, compared to waterproof or washable mascara, used alone.

To enable the application of both sorts of mascara, the invention recites two sorts of application systems. The first system comprises a single container with two reservoirs, one reservoir for the washable mascara and another for the waterproof mascara, together with an applicator system comprising a first and second applicator for each of the different sorts of mascara. The second system comprises separate reservoirs for each of the two different sorts of mascara, together with a single applicator comprising two application members at each end, each intended for the application of one of the two different sorts of mascara.

This L’Oréal invention is recited in the US patent application US20050061348A1, titled Two-step mascara. The patent describes both of the application systems and examples of the mascara formulas for synergistic action of both waterproof and washable products. The patent also describes the performance data of the two mascaras, tested on a panel of 6 participants. The application variables evaluated included such attributes as “overall wear (judged in the number of hours, smudging/smearing, ease of application, speed of build-up, length of lashes, thickness of lashes, amount of curl, amount of spiking, amount of flaking, homogeneity of application (i.e; amount of globs or ball on lashes), softness, wetness (or lack of dryness) of appearance, time for drying, comfort, overall appearance, and ease of removal. Results reported in the patent indicate very favorable performance for all the attributes evaluated.

The abstract of this invention is included below, together with two patent drawings, Figures 3A & 3B, each illustrating one of the two embodiments of the application systems. In Figure 3A, the reservoirs 14 and 16 are part of a single container. In Figure 3B the reservoirs 14 and 16 are separate, each screwed to opposite ends of a single applicator 50, comprising a handle 18 with integrated, leak-proof screw caps. The single applicator 50 also comprises two stems 22, and 24 at opposite ends, each end fitted with applicators 26 and 28.

Disclosed are methods for applying mascara compositions to eyelashes, comprising applying washable mascara followed by applying waterproof mascara. Mascara products and systems, and packages containing the products are also disclosed. [Abstract US20050061348A1]

One of the two-step mascara invention application systems (corresponding to Fig 3B) is marketed by L’Oréal as the X-Fiber mascara with both enhanced volumizing and lengthening properties. An image of the two-step X-Fiber L’Oréal mascara application system, showing the single applicator together with its opposite stems fitted with application brushes, is also included above.

References

L'Oréal
https://w ww.lorealparisusa.com

Friday, March 8, 2019

International Women's Day

From the University of Sheffield, in the UK,
on International Women's Day 2019

Thursday, February 28, 2019

Oh, patents! The Body Shop® (2)

The Boby Shop® patent GB2321644A titled Cosmetic composition comprising cupuaçu extract, recites cosmetic formulations for hair shampoo and conditioner, comprising a cupuaçu (Theobroma grandiflorum) extract. The extract is in the form of pulp, oil or juice.

The cupuaçu tree is a relative of the cocoa tree. It grows in the tropical forests of the Amazon Basin, in northern Brazil, Peru, Columbia, Bolivia, Ecuador, Venezuela, Guyana, and Surinam.

While developing the cosmetic formulations, the inventors found the superior conditioning properties of a cupuaçu extract. Thus, the invention responds to consumer preferences for natural vs. synthetic cosmetic conditioners for hair, skin and nails. Additionally, the formulas developed were found cost-effective compared to the use of synthetic agents. While the embodiments of the invention recited cover hair shampoo and conditioner, the scope of the invention extends to other cosmetic products such as skin moisturizers, shower gels, hair mousse, lipstick and mascara for skin, nails, lips, eyelashes, and other parts of the body.

This patent appears otherwise a bit controversial in its claim that in contrast to the well-documented use of cupuaçu as foodstuff, “there is no evidence that native peoples have used cupuaçu fruit for cosmetic purposes.” This statement is controversial in that it ignores sources of potential evidence for cosmetic uses of cupuaçu in the oral transmission of knowledge. Oral transmission occurring vertically from one generation to the next, or horizontally from one group to another, in which native uses of cupuaçu for cosmetic purposes might have evolved as ancestral knowledge, or established itself as commonly shared knowledge. Indeed, such sources of shared knowledge transmitted from one generation to another, or found in the cultural habitus, if they were to count, or compare to written documentation in a print tradition of knowledge, could invalidate the patentability of the invention.

However controversial the abovementioned statement in GB2321644A might appear, it fortunately arises within the context of The Body Shop®, a company that established itself as a true trailblazer in the domain of ethical trading and consumerism for cosmetic products. If The Body Shop® cosmetic formulations for using cupuaçu are patented in the West (according to print-based patenting rules and regulations), the source materials are also purchased at fair prices from the indigenous communities in which they are found, rather than harvested by The Body Shop® and sold back to the indigenous communities are unaffordable prices.

In other words, using the conceptual framework of one of the most vibrant and prolific third world voices of dissent in the patenting system, one might hope that if the native cupuaçu cosmetics know how has somehow been unacknowledged in the West, at least it was not completely plundered from the communities that have nurtured its production and processing for so many eons (e.g.; Shiva, 1999). Indeed, The Body Shop® partners with local cooperatives to produce and trade so that profits also benefit the source communities. The company strives to promote sustainable win-win partnerships for development as a hallmark of its brand. In any event, this is the distinctive business model what has propelled The Body Shop® to the top of the charts beyond the UK, in the United States, where it is also upheld as a blueprint for ethical business practices.

Images of the cupuaçu pods, pulp and tree are included above, as well as of The Body Shop®, Spa of the World™, Brazilian Cupuaçu exfoliating scrub-in-oil. This scrub-in-oil, formulated with cupuaçu, is "Enriched with community trade Soya Oil from Gebana, Brazil and Cupuaçu Seed Butter from the cooperative of Aprafamta in Northern Brazil".

Reference
The Body Shop®
https://www.thebodyshop.com/en-us/
Shiva, V. (1999) Biopiracy: The plunder of nature and knowledge. Cambridge, MA: South End Press.