estta tracking number: estta768258 filing date: 09/01/2016

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA768258

Filing date: 09/01/2016

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 92063988

Party DefendantNational Products, Inc.

CorrespondenceAddress

SALLY M ABELFENWICK & WEST LLPSILICON VALLEY CENTER 801 CALIFORNIA STREETMOUNTAIN VIEW, CA 94041UNITED [email protected], [email protected], [email protected],[email protected], [email protected], mark.karish@ kb-ip.com

Submission Response to Board Order/Inquiry

Filer's Name Linda M. Goldman

Filer's e-mail [email protected], [email protected], [email protected],[email protected], [email protected], [email protected]

Signature /lmg/

Date 09/01/2016

Attachments HourGlass Design - Re-sponse_to_TTAB_Order_Suspending_Proceeding.pdf(77878 bytes )EXHIBIT A - Civil Complaint reduced.pdf(2252130 bytes )EXHIBIT B - Answer to Complaint reduced.pdf(303744 bytes )EXHIBIT C - Arkons Counterclaims Against NPI reduced.pdf(75747 bytes )

http://estta.uspto.gov

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the matter of

Trademark Reg. No. 4,254,086

Mark:

Registered: December 4, 2012

)

Arkon Resources, Inc., )

)

Petitioner, )

)

vs. ) Cancellation No. 92063988

)

)

National Products, Inc., )

)

Registrant. )

_________________________________)

RESPONSE TO TTAB ORDER SUSPENDING PROCEEDING

In response to the Board’s August 31, 2016 order suspending this proceeding, Registrant,

National Products, Inc. submits herewith the Exhibits A, B and C that were referenced in but

inadvertently not filed with the Motion to Suspend filed on July 26, 2016.

A certificate of service accompanies this filing.

Respectfully submitted,

Dated: September 1, 2016 /lmg/

Sally M. Abel, Esq.

Linda Goldman, Esq.

Attorneys for Registrant

FENWICK & WEST LLP

Silicon Valley Center

801 California Street

Mountain View, CA 94041

(650) 988-8500

PROOF OF SERVICE BY MAIL

I declare that:

I am employed in the County of Santa Clara, California.

I am over the age of eighteen years and not a party to the within cause; my

business address is Fenwick & West LLP, Silicon Valley Center, 801 California Street,

Mountain View, CA 94041. On September 1, 2016, I served the within

RESPONSE TO TTAB ORDER SUSPENDING PROCEEDING

on the interested parties in said cause, by placing a true copy thereof enclosed in a sealed

envelope with postage thereon fully prepaid, in the United States mail at Mountain View,

California, addressed as follows:

Marc Karish

Karish & Bjorgum, PC

119 E. Union Street, Suite B

Pasadena CA 91103

[email protected], [email protected], [email protected],

[email protected]

I declare under penalty of perjury that the foregoing is true and correct, and that

this declaration was executed at Mountain View, California, this 1st day of September, 2016.

______/Anthony Olivas/_______________

Name: Anthony Olivas

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

NATIONAL PRODUCTS, INC.,

Plaintiff,

v. ARKON RESOURCES, INC.,

Defendant.

Case No. 15-cv-1553 COMPLAINT JURY TRIAL DEMANDED

Plaintiff National Products, Inc. (“NPI”) brings this action against Defendant ARKON

RESOURCES, INC. (“Defendant” or “Arkon”) for an injunction, damages, and other

appropriate relief to stop Defendant from violating NPI’s trademark rights. NPI states and

alleges as follows:

THE PARTIES

1. NPI is a corporation organized and existing under the laws of the State of

Washington, having its principal place of business at 8410 Dallas Ave S., Seattle, Washington

98108.

2. On information and belief, Defendant Arkon is a corporation organized and

existing under the laws of the State of California, having its principal place of business at 20

La Porte Street, Arcadia, California 91006.

COMPLAINT - 1 - Case No. 15-CV-1553

FENWICK & WEST LLP 1191 SECOND AVENUE, 10TH FLOOR

SEATTLE, WASHINGTON 98101 TELEPHONE 206.389.4510 FACSIMILE 206.389.4511

Case 2:15-cv-01553 Document 1 Filed 09/30/15 Page 1 of 13

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JURISDICTION AND VENUE

3. In this action, NPI alleges that Defendant has engaged in (1) Trade Dress

Infringement, 15 U.S.C. § 1114; (2) Unfair Competition and False Designation of Origin, 15

U.S.C. § 1125(a); (3) Trade Dress Infringement under Washington common law; (4) Unfair

Business Practices, RCW 19.86 et seq.; (5) Unfair Competition under Washington common

law; and (6) Unjust Enrichment under Washington common law.

4. This Court has original subject matter jurisdiction pursuant to 15 U.S.C.

§§ 1114, 1121, and 1125, and 28 U.S.C §§ 1331 and 1338(a) and (b). NPI also asserts claims

under Washington law, which are so related to the federal question claims that they are part of

the same case and controversy, and therefore fall within the scope of this Court’s

supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a).

5. This court has personal jurisdiction over Defendant because Defendant has

engaged in business activities in and directed to this judicial district and the State of

Washington and has committed the tortious acts complained of in this judicial district and the

State of Washington. Upon information and belief, Defendant is a marketer, distributor, and

retailer of mounts for a variety of devices that violate NPI’s trade dress rights. Defendant

sells its infringing products directly through its website to the public throughout the United

States, including this judicial district. Defendant also distributes its infringing products

throughout the United States, including this judicial district, to retailers including

Amazon.com, Walmart, Staples, and Sears. On information and belief, Defendant also

imports infringing products into the United States through ports in this judicial district.

6. Venue in this judicial district is proper under 28 U.S.C. § 1391(b).

NPI’S BUSINESS AND TRADEMARK

7. NPI was founded by Jeff Carnevali in Seattle in 1992 and is in the business of

manufacturing and selling, among other things, mounting systems and device mounting





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solutions including its highly successful product line of RAM Mounting Systems. RAM

stands for Round-A-Mount and was introduced in 1992. The most innovative product line of

its kind, RAM continues to evolve into one of the most sought after accessories for

electronics. For over two decades, RAM Mounting Systems have received wide-acclaim in

the industry and consumer press and has established an industry-wide reputation for

innovation, quality, and performance. RAM Mounting Systems are manufactured in Seattle,

Washington and have quickly become an essential mounting component for a wide variety of

applications including rugged vehicle, industrial, military and defense, material handling as

well as any application requiring a robust mounting solution. RAM Mounting Systems were

even used on the space shuttle.

8. Since 1992, NPI has continuously and exclusively used in commerce a double-

socket RAM Mounting device with a distinctive hourglass-shaped profile. On December 8,

1998, the United States Patent and Trademark Office (“PTO”) issued to assignee NPI U.S.

Patent No. 5,845,885 (“the ’885 patent”) which gave NPI exclusive rights to manufacture and

sell in the United States double-socket mount arms for mounting devices. A true and correct

copy of the ’885 patent is attached hereto as Exhibit A. NPI’s RAM Mounting double-socket

mount arm practices the technology claimed by the ’885 patent and NPI, in a design choice

unrelated to the functionality of the double-socket mount arm, selected the distinctive

hourglass-shaped profile.

9. NPI has aggressively enforced its hourglass design trade dress rights. For

example, in the early-2000s after NPI’s competitor Gamber-Johnson LLC began selling

hourglass-shape double-socket arm mounts, NPI brought a lawsuit against it alleging

infringement of both NPI’s ’885 patent and hourglass-shaped trade dress. A true and correct

copy of the Amended Complaint in that action and Exhibit 2 attached thereto is attached

hereto as Exhibit B. Following are true and correct excerpts from Exhibit 2 to that Amended

Complaint comparing the trade dress infringing device with the RAM Mount device:





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10. In the Amended Consent Judgment entered on October 2, 2006 by this Court,

the parties stipulated that “NPI also has a protectable trade dress in the hour-glass shaped

profile of its double-socket RAM Mount products [and] this trade dress is nonfunctional and

has acquired secondary meaning with consumers.” Thus, the Court “enjoined [Gamber-

Johnson] from infringing NPI’s trade dress, comprising the distinctive hourglass-shaped

profile of NPI’s double-socket RAM Mount devices, for the life of the trade dress.” A true

and correct copy of the ’885 patent is attached hereto as Exhibit C.

11. In 2013, the term of the ’885 patent expired, but NPI still retained its trade

dress rights on the hour-glass shaped arm profile. On May 23, 2012, prior to the expiration of

the ’885 patent, NPI filed an application with the PTO to register its hourglass shaped profile





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trade dress on the Principal Register. A true and correct copy of the application is attached

hereto as Exhibit D. Following are true and correct excerpted copies of specimens that were

attached to the application as examplars of NPI’s trade dress:

12. On December 4, 2012, the PTO granted the application as amended for the

“MARK CONSIST[ING] OF A THREE-DIMENSIONAL CONFIGURATION OF A

DOUBLE-SOCKET MOUNT ARM THAT IS TAPERED IN THE MIDDLE LIKE AN

HOURGLASS.” registered under U.S. Trademark Reg. No. 4,254,086 and issued to NPI. A

true and correct copy of the registration certificate is attached hereto as Exhibit E. The

registration certificate also contained a drawing of the following trade dress shape with the

limitation: “THE DOTTED LINES OUTLINING THE ENDS OF THE MOUNT AND

THEADJUSTMENT KNOB INDICATE PLACEMENT OF THE MARK ON THE GOODS

AND ARE NOT PART OF THE MARK”:





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The registration is valid and subsisting, and NPI has been the continuous owner of the hour-

glass shaped profile of a double-socket mount device trade dress from 1992 to the present.

NPI’s website provides notice that “[t]he Hourglass Shape® is a registered trademark of

National Products Inc.”

DEFENDANT’S UNLAWFUL ACTIONS

13. On information and belief, Defendant Arkon has been marketing, distributing,

and selling products containing double-socket mount arms tapered in the middle like an

hourglass, including but not limited to the following Arkon product models: Tripod Tablet

Mount for Apple iPad Air 2, iPad Air, iPad 4, 3, 2, Samsung Galaxy Note, Tab (TABMTRI),

Heavy-Duty Drill-Base Tablet Mount for Apple iPad Air, iPad 4, 3, 2, Samsung Galaxy

(TABRMAMPS), GPS Lockbox Locking Tablet Mount for Samsung Galaxy Tab 3.0 or 4.0

7" with Car Charger Harness (LBUP7-1), Slim-Grip Ultra Windshield Mount for iPhone 6S, 6

Plus, Galaxy 7.0, 8.0 Tablets (RM60802T), Slim-Grip Ultra Drill-Base Phone Car Mount for

iPhone 6S, 6 Plus, Galaxy 7.0, 8.0 Tablets (RM6AMPS2T), Sticky Suction Windshield or

Dashboard Camera Mount for Nikon Sony Samsung Canon Fujifilm Cameras (RM0791420),

Camera Wall Mount for Nikon Sony Canon Fujifilm Olympus Cameras and Video Cameras

(RMAMPS1420), Clamp Camera Mount for Nikon Sony Samsung Canon Olympus





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Panasonic Cameras (RM0861420), Camera Car Windshield Suction Mount (RM0801420),

Heavy-Duty Sticky Suction Mount for GoPro HERO (GPRMS079), and TW Broadcaster -

Tripod or Monopod Smartphone Mount for Live Mobile Broadcasting (TWBRV01)

(collectively “Arkon Infringing Mount Devices”).

14. On information and belief, Defendant sells Arkon Infringing Mount Devices

from its website to consumers throughout the United States, including this district and the

State of Washington.

15. On information and belief, Defendant also distributes its Arkon Infringing

Mount Devices to retailers for sale throughout the United States, including this district and the

State of Washington.

FIRST CLAIM FOR RELIEF

(Federal Trade Dress Infringement under 15 U.S.C. § 1114)

16. NPI realleges and incorporates by this reference herein each and every

allegation set forth in paragraphs 1 through 15 above.

17. NPI owns all rights, title, and interests in and to, and holds the first, superior,

and exclusive rights to use the mark identified on the PTO Principle Register under

Registration No. 4,254,086.

18. Defendant’s use in its products of NPI’s registered trade dress with a double-

socket mount arm tapered in the middle like an hourglass, or of a confusingly similar

variation thereof, is likely to cause confusion, or mistake, or to deceive others into believing

that Defendant’s products are manufactured, offered, sponsored, authorized, licensed, of

similar quality to, or otherwise connected or affiliated with NPI and NPI’s RAM Mounting

Systems.

19. Defendant either had actual notice and knowledge, or had constructive notice

by the PTO’s placement of the mark on the Principal Register and NPI’s notice of ® with the





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mark on NPI’s RAM Mounts website prior to Plaintiff’s adoption and use of NPI’s registered

trade dress.

20. On information and belief, Defendant’s acts are deliberate and intended to

confuse the public as to the source of the Arkon Infringing Mount Devices, to injure NPI, and

to reap the benefits of NPI’s goodwill associated with NPI’s trade dress.

21. As a direct and proximate result of Defendant’s willful and unlawful conduct,

Defendant has damaged and will continue to damage NPI’s business, market, reputation, and

goodwill, and may discourage current and potential customers from dealing with NPI. Such

irreparable damage will continue unless Defendant is enjoined from infringing NPI’s

registered trade dress.

22. Defendant’s acts have damaged and will continue to damage NPI, and NPI has

no adequate remedy at law.

23. In light of the foregoing, NPI is entitled to injunctive relief prohibiting

Defendant from using NPI’s trade dress or any trade dress confusingly similar thereto for any

purpose, and to recover from Defendant all damages that NPI has sustained and will sustain as

a result of such infringing acts, and all gains, profits and advantages obtained by Plaintiff as a

result thereof, in an amount not yet known well, as well as the costs of this action pursuant to

15 U.S.C. § 1117(a) and attorneys’ fees and treble damages pursuant to 15 U.S.C. § 1117(b).

24. Pursuant to 15 U.S.C. § 1118, NPI also asks the Court for an order forcing

Defendant to deliver up for destruction all products, labels, signs, prints, advertisements, and

other articles in Defendant’s possession that infringe upon NPI’s rights.

SECOND CLAIM FOR RELIEF

(Federal Unfair Competition and False Designation of Origin

under 15 U.S.C. § 1125(a))

25. NPI realleges and incorporates by this reference each and every allegation set

forth in paragraphs 1 through 24 above.





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26. NPI’s distinctive and non-functional registered trade dress is a designation of

origin that identifies NPI as the exclusive source of the RAM Mount double-socket mount

arm devices, and distinguishes NPI’s goods from the goods of others in the marketplace.

27. Defendant’s use of NPI’s trade dress in its goods constitutes false designation

of origin and/or false or misleading representation. Defendant’s use of an identical or

confusingly similar variation of NPI’s trade dress is likely to cause confusion, or mistake, or

to deceive others into believing that Defendant’s products are manufactured, offered,

sponsored, authorized, licensed, of similar quality to, or otherwise connected or affiliated with

NPI and NPI’s RAM Mounting Systems.

28. Such false designation of origin and or representation constitutes unfair

competition and is an infringement of NPI’s rights in its trade dress in violation of § 43(a) of

the Lanham Act, 15 U.S.C. § 1125(a).

29. Defendant either had actual notice and knowledge, or had constructive notice

by the PTO’s placement of the mark on the Principal Register and NPI’s notice of ® with the

mark on NPI’s RAM Mounts website prior to Plaintiff’s adoption and use of NPI’s registered

trade dress.

30. On information and belief, Defendant’s acts are deliberate and intended to

confuse the public as to the source of the Arkon Infringing Mount Devices, to injure NPI, and

to reap the benefits of NPI’s goodwill associated with NPI’s trade dress.

31. As a direct and proximate result of Defendant’s willful and unlawful conduct,

Defendant has damaged and will continue to damage NPI’s business, market, reputation, and

goodwill, and may discourage current and potential customers from dealing with NPI. Such

irreparable damage will continue unless Defendant is enjoined from infringing NPI’s

registered trade dress.

32. Defendant’s acts have damaged and will continue to damage NPI, and NPI has

no adequate remedy at law.





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33. In light of the foregoing, NPI is entitled to injunctive relief prohibiting

Defendant from using NPI’s trade dress or any trade dress confusingly similar thereto for any

purpose, and to recover from Defendant all damages that NPI has sustained and will sustain as

a result of such infringing acts, and all gains, profits and advantages obtained by Plaintiff as a

result thereof, in an amount not yet known well, as well as the costs of this action pursuant to

15 U.S.C. § 1117(a) and attorneys’ fees and treble damages pursuant to 15 U.S.C. § 1117(b).

34. Pursuant to 15 U.S.C. § 1118, NPI also asks the Court for an order forcing

Defendant to deliver up for destruction all products, labels, signs, prints, advertisements, and

other articles in Defendant’s possession that infringe upon NPI’s rights.

THIRD CLAIM FOR RELIEF

(Washington Common Law Trade Dress Infringement)



36. Defendant’s use of NPI’s trade dress has infringed on its distinctive features in

a manner that tends to confuse, in the public mind, NPI’s products with others.

37. Defendant’s acts, as above alleged, constitute infringement of NPI’s trade

dress rights in violation of the common law.

38. NP has been and continues to be damaged in a manner that cannot be fully

measured or compensated in economic terms and for which there is no adequate remedy at

law. The actions of Defendant has damaged and will continue to damage NPI’s market,

reputation, and goodwill.

39. NPI has been damaged by Defendant’s actions in an amount to be proven at

trial.

///

///





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FOURTH CLAIM FOR RELIEF

(Unfair Business Practices — RCW 19.86 et seq.)



41. Defendant’s use of NPI’s trade dress to promote, market, or sell products in

Washington constitutes an unfair business practice pursuant to RCW 19.86 et seq.

Defendant’s use of NPI’s trade dress is an unfair or deceptive practice occurring in trade or

commerce that impacts the public interest and has caused injury to NPI.

42. Defendant’s actions violate RCW 19.86 et seq.

FIFTH CLAIM FOR RELIEF

(Washington Common Law Unfair Competition)



44. Defendant’s use of NPI’s trade dress has infringed on its distinctive features in

a manner that tends to confuse, in the public mind, NPI’s products and/or advertising with the

products and/or advertising of others.

45. The acts of Defendant complained of herein constitute unfair competition in

violation of Washington common law.

SIXTH CLAIM FOR RELIEF

(Washington Common Law Unjust Enrichment)



47. The acts of Defendant complained of herein constitute unjust enrichment of

Defendant at NPI’s expense in violation of Washington common law.





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PRAYER FOR RELIEF

WHEREFORE, NPI respectfully requests that the Court enter judgment against

Defendant as follows:

a. That the Court issue preliminary and permanent injunctive relief against

Defendant, and that Defendant, its officers, agents, representatives, servants, employees,

attorneys, successors and assignees, and all others in active concert or participation with

Defendant, be enjoined and restrained from offering for sale, marketing, or selling any

product which includes a configuration of a double-socket mount arm that is tapered in the

middle like an hourglass or any confusingly similar variation thereof;

b. That the Court find Defendant’s acts complained of herein unlawful as

constituting unfair competition, false designation of origin, trade dress infringement, and

unjust enrichment under the causes of action asserted in this Complaint;

c. That the Court require that Defendant deliver up for destruction all products,

labels, signs, prints, advertisements, and other articles that infringe NPI’s statutory and

common law trade dress rights, or are a result of any false designation of origin or unfair

competition by Defendant;

d. That the Court order an accounting of all gains, profits and advantages derived

from Defendant’s wrongful acts;

e. That the Court award NPI all gains, profits, and advantages derived by

Defendant for its unlawful acts;

f. That the Court award NPI all damages caused by Defendant’s unlawful acts;

g. That the Court award NPI treble damages as provided by law;

h. That the Court award NPI its attorneys’ fees and costs incurred herein,

including prejudgment and post-judgment interest; and

i. That the Court grant NPI all other relief to which it is entitled and such other or





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additional relief as is just and proper.

DEMAND FOR JURY TRIAL

NPI hereby demands a trial by jury of all issues so triable.

NATIONAL PRODUCTS, INC.

By its attorneys,

Dated: September 30, 2015 FENWICK & WEST LLP

By: s/David K. Tellekson David K. Tellekson (WSBA No. 33523) By: s/Jeffrey A. Ware Jeffrey A. Ware (WSBA No. 43779)

1191 Second Avenue, 10th Floor Seattle, WA 98101 Telephone: 206.389.4510 Facsimile: 206.389.4511 Email: [email protected] [email protected] Attorneys for Plaintiff National Products, Inc.





mailto:[email protected]

mailto:[email protected]

EXHIBIT A

Case 2:15-cv-01553 Document 1-1 Filed 09/30/15 Page 1 of 21

US005845885A

Ulllted States Patent [19] [11] Patent Number: 5,845,885

Carnevali [45] Date of Patent: Dec. 8, 1998

[54] UNIVERSALLY POSITIONABLE MOUNTING 3,843,272 10/1974 Jorn ....................................... .. 403/132

DEVICE 4,066,311 1/1978 Bahner et a1. 248/13 4,491,435 1/1985 Meier ............ .. 403/55

[75] Inventor: Jeffrey D_ Carnevali, Seattle, Wash 4,585,197 4/1986 Liautaud et a1. ................... .. 248/288.5 4,796,508 1/1989 Hoshino ......................... .. 248/188.5 X

' . - 5,071,279 12/1991 Rutstrom . . . . . . . . .. 403/114 X

[73] Assignee. National Products, Inc., Seattle, Wash. 572517859 10/1993 cyrell et at t ~~~~ " 2480883

5,270,911 12/1993 Maglica et a1. ................... .. 403/114 X

[21] Appl. No.: 803,021 FOREIGN PATENT DOCUMENTS

[22] Filed: Feb. 21, 1997 497 11/1886 Sweden ............................... .. 248/181

Related U-S. Application Data [63] Continuation of Ser. No. 689,408, Aug. 7, 1996, abandoned, Versa—Mount Marine Pedestal/Dec. 1993.

which is a continuation of Ser. No. 574,415, Dec. 15, 1995, Fish_Finder Multi_Mount/Dec_ 1993_ abandoned, which is a continuation of Ser. No. 433,249, Apr. 28, 1995, abandoned, which is a continuation of Ser. No. Primary Examiner—Ramon O, Ramirez

1677500’ Dec' 14’ 1993’ abandoned Assistant Examiner—Gwendolyn Baxter

[51] Int. Cl? ................................................... .. F16M 11/14 Attorney, Agent Or Firm—Christ9ph9r Duffy

[52] US. Cl. ................................... .. 248/118.1; 248/276.1; [57] ABSTRACT

248/288.31; 248/484 [58] Field Of Search ............................. .. 248/481, 288.51, Couplers With ball-shaped heads are mounted on a Pair Of

248/1811, 28831, 482, 483, 484; 403/56, objects, and a split arm assembly is interposed along a line 90, 114, 132, 143, 144 of juncture between the pair of couplers and clamped

together about the heads thereof. However, before that time, [56] References Cited a spring is interposed between the pair of elongated arm

sections in the assembly to produce a differential in the Us‘ PATENT DOCUMENTS reaction of the respective pairs of end portions in the arm

596,729 1/1898 White .................................. .. 403/56 X sections to the Clamping forces 50 that the assembly is

855,149 5/1907 Vaughn et al. _ formed into a bifurcated arm assembly at one of the heads.

1,280,013 9/1918 Goddard ......................... .. 248/288.5 X That one head is also compressible so that after the split arm

1,359,645 11/ 1920 Zink - assembly has been rotated in relation to the one head, or vice

1,455,441 5/1923 Hodny ................................. .. 403/56 X Versa, to Set the angle of the line of juncture With respect to

1,934,223 11/1933 Booth ' one or both of the objects, further clamping of the assembly 2,114,767 4/1938 Hodny et a1. ..................... .. 248/481 X - 1 k the assembl With the heads of the air 2,121,317 6/1938 Cohen ..... .. .248/288.5 X Operatesto we??? y. p 275607556 7/1951 Creedon tttttt N 248016 of couplers to rigidify the connection made by the assembly

2,650,788 9/1953 Hulstein ............................ .. 248/181 X between the Palr of heads~

2,710,609 6/1955 Giller ................................ .. 403/141 X

3,096,061 7/1963 Bertell ................................... .. 248/283 37 Claims, 5 Drawing Sheets


5,845,885 U.S. Patent Dec. s, 1998 Sheet 1 of5


U.S. Patent Dec. s, 1998 Sheet 2 of5 5,845,885


5,845,885 U.S. Patent Dec. 8, 1998 Sheet 5 of5

Application No. 08/803,021


5,845,885 1

UNIVERSALLY POSITIONABLE MOUNTING DEVICE

RELATED APPLICATIONS

This Application is a Continuation of application Ser. No.

08/689,408, noW abandoned, ?led Aug. 7, 1996 and entitled UNIVERSALLY POSITIONABLE MOUNTING ARM.

application Ser. No. 08/689,408 Was in turn a Continuation

of application Ser. No. 08/574,415, noW abandoned ?led

Dec. 15, 1995, and having the same title. Application Ser. No. 08/574,415 Was in turn a Continuation of application

Ser. No. 08/375,568, noW abandoned, ?led Jan. 13, 1995 and having the same title. And application Ser. No. 08/375,568 Was in turn a Continuation of application Ser. No. 08/167/

500, noW abandoned, ?led Dec. 14, 1993 and having the same title.

TECHNICAL FIELD

My invention relates to a mounting device for interposing

along a line of juncture betWeen a pair of relatively movable and relatively stationary objects, to support the relatively movable object on the relatively stationary object at a

selected angular orientation of the line of juncture With respect to one of the objects. It relates in particular to a

device of this nature Which is universally positionable betWeen the pair of objects, to support the relatively mov able object on the relatively stationary object at variable angular orientations of the line of juncture With respect to either or both of the objects.

THE INVENTION IN GENERAL

In one combination thereof, my mounting device com

prises means for forming a ?rst coupling member on a ?rst

of the objects and a base on a second of the objects at spaced

?rst and second loci, respectively, adjacent opposite ends of the line of juncture; and a split-arm assembly comprising a pair of elongated relatively rigid arm sections Which are operatively juXtaposed to one another along the line of juncture betWeen the spaced ?rst and second loci of the ?rst

coupling member and the base, and have pairs of corre sponding ?rst and second end portions thereof that are

operatively opposed to one another across a plane coincident

With the line of juncture. The ?rst coupling member has a

body With part spherical surfaces at the outer periphery thereof that are disposed on opposite sides of the plane of the

line of juncture to substantially coincide With a ?rst circle of

revolution having its center at the ?rst locus of the ?rst

coupling member, and also having pressure deformable material therein so that the body of the ?rst coupling

member can be squeeZed betWeen the surfaces thereof to

less than the diameter of the ?rst circle of revolution. Means

form a pair of operatively opposing ?rst sockets in the pair of ?rst end portions of the respective arm sections, and the device further comprises means for applying initial clamp ing forces to the pair of arm sections to squeeZe the pair of

arm sections together relatively crossWise the plane of the line of juncture, and means for producing a differential in the

reaction of the respective pairs of ?rst and second end portions of the arm sections to the initial clamping forces so

that When squeeZed together, the pair of arm sections assumes a relatively transversely contracted disposition thereof about the ?rst coupling member and the base in

Which the pair of ?rst sockets in the pair of ?rst end portions of the pair of arm sections is operatively engaged about the outer peripheral surfaces of the ?rst coupling member in

substantial coincidence With the ?rst circle of revolution, but

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2 the pair of second end portions of the pair of arm sections is spaced apart from one another about the base to the eXtent

that although the pair of arm sections forms a connection

betWeen the ?rst coupling member and the base, the con

nection alloWs the pair of arm sections to be squeeZed

further together about the base. When the pair of arm

sections assumes the relatively transversely contracted dis

position thereof about the ?rst coupling member and the base, the pair of ?rst sockets is adapted to form a ?rst ball

and socket joint With the outer peripheral surfaces of the ?rst coupling member so that the ?rst coupling member and the

pair of arm sections can be pivoted in relation to one another

at the ?rst joint to position the line of juncture at a selected

angular orientation With respect to the aforementioned one

object. Moreover, When the pair of arm sections is in the relatively transversely contracted disposition thereof about the ?rst coupling member and the base, the device further comprises means for applying additional clamping forces to

the pair of arm sections to squeeZe the pair of arm sections

further together relatively crossWise the plane of the line of juncture, and means for producing a differential in the

reaction of the respective pairs of ?rst and second end portions of the pair of arm sections to the additional clamp

ing forces so that When squeeZed further together in the relatively transversely contracted disposition thereof, the pair of arm sections pivot in relation to one another about the

?rst coupling member to reduce the space betWeen the

second end portions of the respective arm sections about the

base While the pair of ?rst sockets engages the outer periph eral surfaces of the body of the ?rst coupling member to

squeeZe the body therebetWeen and interlock the pair of arm sections With the ?rst coupling member to rigidify the

connection betWeen the ?rst coupling member and the base

at the selected angular orientation of the line of juncture With respect to the one object. That is to say, When the pair of arm

sections is in the relatively transversely contracted disposi tion thereof, the device forms a ball and socket joint With the

?rst coupling member Whereby the line of juncture can be positioned at any angular orientation one chooses, and then When additional clamping forces are applied, that same ?rst

coupling member Which Was a part of the ball and socket

joint, is given a neW and additional function of aiding in the

rigidifying of the connection formed by the pair of arm sections betWeen the ?rst coupling member and the base.

Furthermore, in certain presently preferred embodiments of the invention Wherein the pressure deformable material is

resilient, the means for applying additional clamping forces to the pair of arm sections are releasable relatively crossWise

the plane of the line of juncture to restore the ?rst joint so

that the pair of arm sections and the ?rst coupling member

can be pivoted in relation to one another to position the line

of juncture at a different angular orientation With respect to

the one object. That is to say, the same coupling member

Which Was a part of the ball and socket joint, and then

contributed to the rigidi?cation of the connection betWeen

the coupling member and the base, can be restored to its

initial function of participating once more in the ball and

socket joint. And meanWhile, throughout it all, the assembly Will remain fully intact; that is, there Will be a sustainable connection throughout betWeen the ?rst coupling member and the base.

In many of the presently preferred embodiments of the foregoing combination, the base has attachment means thereon for forming the connection betWeen the ?rst cou

pling member and the base, and the arm sections are

operatively juXtaposed about the plane of the line of juncture so that When the pair of arm sections is squeeZed together by


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the initial clamping forces to assume the relatively trans

versely contracted disposition thereof, the second end por tions of the pair of arm sections are reciprocated in relation

to one another about the base to ?rst positions thereof in

Which the pair of second end portions is mutually opposed to one another across the plane and the attachment means

form a connection betWeen the ?rst coupling member and

the base, but the pair of second end portions is suf?ciently spaced apart from one another in the connection that the

connection alloWs the pair of arm sections to be squeeZed

further together about the base. In some of these

embodiments, the attachment means are operatively inter

posed betWeen the pair of second end portions in the connection, but adapted so that the respective second end portions of the arm sections are spaced apart from the

attachment means When the second end portions assume the

?rst positions thereof in the relative reciprocation thereof, and the device further comprises means operatively inter posed betWeen the attachment means and the respective

second end portions to loosely interconnect the attachment means With the pair of second end portions and vice versa

When the second end portions assume the ?rst positions

thereof in the relative reciprocation thereof. In one group of

embodiments, the attachment means include a second cou

pling member having a body With part spherical surfaces at the outer periphery thereof that are disposed on opposite

sides of the plane of the line of juncture to substantially coincide With a second circle of revolution having its center

at a point betWeen the ?rst positions of the second end

portions of the arm sections in the relative reciprocation

thereof, and the device further comprises means forming a

pair of operatively opposing second sockets in the pair of second end portions of the respective arm sections, Which engage about the outer peripheral surfaces of the second

coupling member in a third circle of revolution concentric

With the second circle of revolution but having a greater

diameter than the second circle of revolution so that When

the second end portions of the arm sections assume the ?rst

positions thereof in the relative reciprocation thereof, the body of the second coupling member and the respective second end portions of the arm sections are loosely inter

connected With one another but spaced apart from one

another by the differential betWeen the diameters of the

second and third circles of revolution. In certain of the

group, the body of the second coupling member has pressure deformable material therein so that the body of the second

coupling member can be squeeZed betWeen the surfaces

thereof to less than the diameter of the second circle of

revolution, and the arm sections are operatively juxtaposed

about the plane of the line of juncture so that When the pair

of arm sections is squeeZed further together by the additional clamping forces, the second end portions of the pair of arm sections are reciprocated in relation to one another about the

base to second positions thereof mutually opposed to one

another across the plane of the line of juncture and in Which

the pair of second sockets forms a second ball and socket

joint With the outer peripheral surfaces of the second cou

pling member, so that the second coupling member and the pair of arm sections can be pivoted in relation to one another

at the second joint to also position the line of juncture at a

selected angular orientation With respect to the other object

if desired, and then to third positions thereof mutually opposed to one another across the plane of the line of

juncture in Which the pair of second sockets engages the outer peripheral surfaces of the body of the second coupling member to squeeZe the body therebetWeen and interlock the

pair of arm sections With the second coupling member to

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4 rigidify the connection betWeen the respective ?rst and second coupling members at the selected angular orientation of the line of juncture With respect to each of the objects.

Furthermore, in some embodiments, the pressure deform able material in the bodies of the respective ?rst and second coupling members is resilient and the means for applying additional clamping forces to the pair of arm sections are

releasable relatively crossWise the plane of the line of juncture to restore the ?rst and second joints so that the pair of arm sections can be pivoted in relation to the respective

?rst and second coupling members and vice versa, to posi tion the line of juncture at different angular orientations With respect to the one and/or the other objects. In one special group, the differential producing means include yieldable biasing means, and the space betWeen the ?rst and second loci of the ?rst coupling member and the base, respectively, is of such length that When the second coupling member is detached from the split-arm assembly and vice versa, the pair of arm sections can be pinched together against the bias of the biasing means to separate the pair of ?rst sockets from one another to the eXtent that the ?rst coupling member can

be detached from the pair of arm sections and vice versa.

In one particularly advantageous version of my device, the means for producing a differential in the reaction of the

respective pairs of ?rst and second end portions of the arm

sections to the initial clamping forces include means oper

able to generate a lopsided effect in the application of the

initial clamping forces to the respective pairs of ?rst and second end portions of the arm sections When the pair of arm

sections is squeeZed together to assume the relatively trans versely contracted disposition thereof. And in a related

version, the base has attachment means thereon for forming

the connection betWeen the ?rst coupling member and the

base, and the attachment means and the ?rst coupling member have means operatively interposed therebetWeen to

generate a lopsided effect in the application of the initial

clamping forces to the respective pairs of ?rst and second end portions of the arm sections When the pair of arm

sections is squeeZed together to assume the relatively trans

versely contracted disposition thereof. In certain embodi ments of this latter version, the attachment means include a

second coupling member having a body With part spherical surfaces at the outer periphery thereof that are disposed on

opposite sides of the plane of the line of juncture to substantially coincide With a second circle of revolution

having its center at a point interposed betWeen the second

end portions of the arm sections When the pair of arm

sections is squeeZed together to assume the relatively trans

versely contracted disposition thereof. Moreover, in these embodiments of the latter version, the ?rst and second

circles of revolution have substantially equal diameters, and the means for generating a lopsided effect in the application

of the initial clamping forces to the respective ?rst and

second end portions of the arm sections include yieldable

biasing means disposed to oppose the application of the initial clamping forces to the second end portions of the respective arm sections. In some embodiments of this latter

version, the yieldable biasing means are interposed across

the plane of the line of juncture betWeen the ?rst and second coupling members. And in certain of them, the initial clamping forces are applied to the pair of arm sections along a line interposed across the plane of the line of juncture

betWeen the yieldable biasing means and the ?rst coupling

member. In many of them, moreover, the yieldable biasing means take the form of a coiled spring Which is caged

betWeen the pair of arm sections along a line interposed

across the plane of the line of juncture substantially parallel to the line of application of the initial clamping forces.


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In this latter version, the arm sections may be operatively juxtaposed about the plane of the line of juncture so that

When the pair of arm sections is squeezed together by the initial clamping forces, the second end portions of the pair of arm sections are reciprocated against the bias of the

yieldable biasing means to positions mutually opposed to one another across the plane and in Which the second

coupling member forms a connection betWeen the ?rst

coupling member and the base, but the pair of second end portions is suf?ciently spaced apart from one another in the connection that the connection alloWs the pair of arm

sections to be squeezed further together about the base.

Furthermore, the space betWeen the ?rst and second loci of the ?rst coupling member and the base, respectively, may be of such length that When the second coupling member is detached from the split-arm assembly and vice versa, the pair of arm sections can be pinched together against the bias

of the biasing means to separate the ?rst end portions of the arm sections from one another to the eXtent that the ?rst

coupling member can be detached from the pair of arm

sections and vice versa.

For the purposes of many embodiments, the pressure deformable material renders the body of the ?rst coupling member radially compressible at the outer peripheral sur

faces thereof. And for many embodiments, the ?rst sockets have surfaces at the inner peripheries thereof Which are

adapted to form the ?rst ball and socket joint With the outer

peripheral surfaces of the ?rst coupling member When the pair of arm sections assumes the relatively transversely

contracted dispositions thereof about the ?rst coupling mem ber and the base.

For many of those embodiments Wherein the pressure

deformable material renders the body of the ?rst coupling member radially compressible at the outer peripheral sur

faces thereof, the inner peripheral surfaces of the ?rst sockets are part spherical and are adapted ?rstly, to substan tially coincide With the ?rst circle of revolution When the

pair of arm sections assumes the relatively transversely contracted disposition thereof about the ?rst coupling mem

ber and the base, so that the ?rst joint is formed betWeen the

respective inner and outer peripheral surfaces of the ?rst

sockets and the ?rst coupling member, and then to compress the body of the ?rst coupling member radially thereof at the outer peripheral surfaces thereof When the pair of arm

sections is squeezed further together in the relatively trans versely contracted disposition thereof to interlock the pair of arm sections With the ?rst coupling member and rigidify the connection betWeen the ?rst coupling member and the base

at the selected angular orientation of the line of juncture With

respect to the one object.

Sometimes, the respective means for applying the initial clamping forces and the additional clamping forces to the

pair of arm sections include a pin and hole fastening device

for fastening the pair of arm sections together relatively crossWise the plane of the line of juncture, and a clamping mechanism on the fastening device for applying clamping forces to the pair of arm sections through the fastening device.

The ?rst coupling member may be formed of nitrile

rubber material at the surface thereof.

If desired, the pair of arm sections may be adapted to eXtend rectilinearly betWeen the spaced ?rst and second loci of the ?rst coupling member and the base.

The means forming the ?rst coupling member and the

base may be elements physically separate and distinct from the objects themselves but attachable thereto. And the split

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6 arm assembly may be physically separate and distinct from the means for forming each of the ?rst coupling member and the base.

Also, the split arm assembly may be physically separate and distinct from the base.

In another combination thereof, the split arm assembly of the device comprises a pair of relatively rigid arm sections Which have pairs of corresponding ?rst and second end portions thereof Which are operatively opposed to one

another across a plane coincident With the line of juncture,

so as to be disposed adjacent the ?rst coupling member and

the base, respectively. Clamping means are operable to

squeeze the pair of arm sections together relatively cross Wise the plane of the line of juncture, and the device further

comprises means for producing a differential in the reaction

of the respective pairs of ?rst and second end portions of the arm sections to the squeezing action of the clamping means,

so that When squeezed together, the pair of arm sections

forms a bifurcated arm assembly that in a ?rst position

thereof, has its apeX at the ?rst locus of the ?rst coupling member and is loosely engaged about the base at the second

end portions thereof. Means form a pair of operatively opposing ?rst sockets in the ?rst end portions of the respec

tive arm sections, having substantially smooth part spherical surfaces at the inner peripheries thereof Which substantially coincide With a circle of revolution Which has its center at

the ?rst locus of the ?rst coupling member When the

bifurcated arm assembly is engaged in the ?rst position

thereof about the ?rst coupling member. MeanWhile, the ?rst coupling member has a substantially smooth part spherical surface thereon Which forms the outer periphery thereof and

substantially coincides With the circle of revolution, so that

the pair of ?rst sockets and the ?rst coupling member form a relatively rotatable ball and socket joint in the ?rst position

of the bifurcated arm assembly. HoWever, the clamping means are operable in the ?rst position of the bifurcated arm

assembly to squeeze the pair of arm sections further together relatively crossWise the plane of the line of juncture and to a second position of the bifurcated arm assembly in Which

the inner peripheral surfaces of the ?rst sockets assume a

disposition relatively radially Within the circle of revolution, and the ?rst coupling member is sufficiently radially com pressible at the outer peripheral surface thereof that betWeen

the ?rst and second positions of the bifurcated arm assembly, the inner peripheral surfaces of the ?rst sockets can deform

the surface of the ?rst coupling member to interlock the

bifurcated arm assembly With the ?rst coupling member and

vice versa, at a selected angular orientation of the line of

juncture With respect to the one object. Moreover, means are

operable to produce a differential in the reaction of the

respective pairs of ?rst and second end portions of the arm sections to the further squeezing action of the clamping

means so that When squeezed further together into the

second position of the bifurcated arm assembly, the pair of arm sections pivots relatively toWard one another about the

?rst coupling member to seize the base and rigidly inter

connect the bifurcated arm assembly With the base at the

selected angular orientation of the line of juncture With

respect to the one object. Furthermore, in this additional

combination, the clamping means may be releasable, and When the clamping means are released, the pair of arm

sections may be reciprocable in relation to one another to a

third position of the bifurcated arm assembly in Which the

pair of arm sections is suf?ciently spaced apart about the ?rst locus of the ?rst coupling member that the ?rst coupling member is detachable from the bifurcated arm assembly and

vice versa.


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At times, the base in this further combination takes the form of a second coupling member Which has a substantially

smooth part spherical outer peripheral surface thereon, and is also compressible radially thereof at the outer peripheral surface thereof, and the mounting device further comprises means forming a pair of operatively opposing second sock ets in the second end portions of the pair of arm sections

Which have substantially smooth part spherical surfaces at the inner peripheries thereof that are rotatably engageable With the second coupling member at the outer peripheral surface thereof in the respective positions of the bifurcated arm assembly lying betWeen the third and ?rst positions thereof inclusive, and Which progressively seiZe the second coupling member by compressing and deforming the outer peripheral surface thereof to interlock the bifurcated arm

assembly With the second coupling member When the pair of arm sections is squeeZed together in the direction of the

second position of the bifurcated arm assembly from the ?rst

position thereof.

Often, the base and the arm sections in this further

combination are adapted for rotation of the bifurcated arm

assembly about the base and vice versa at the second locus

of the base.

In still another combination thereof, my mounting device comprises means for forming a ?rst coupling member on a

?rst of the objects and a base on a second of the objects at

spaced ?rst and second loci, respectively, adjacent opposite ends of the line of juncture, and a split arm assembly

comprising a pair of relatively rigid arm sections Which are

adapted to be operatively juxtaposed to one another along the line of juncture betWeen the spaced ?rst and second loci

of the ?rst coupling member and the base, and have faces thereon Which are operatively opposed to one another across

a plane coincident With the line of juncture. Releasable

clamping means are operable to reciprocate the pair of arm

sections in relation to one another relatively crossWise the

plane of the line of juncture to form the split arm assembly into a bifurcated arm assembly Which has its apeX at the

second locus of the base and is engaged about the ?rst

coupling member. Means form a pair of operatively oppos

ing ?rst sockets in the faces of the respective arm sections, having substantially smooth part spherical surfaces at the inner peripheries thereof Which substantially coincide With a

circle of revolution that has its center at the ?rst locus of the

?rst coupling member When the bifurcated arm assembly is

engaged in a ?rst position thereof about the ?rst coupling member. MeanWhile, the ?rst coupling member has a sub

stantially smooth part spherical surface thereon Which forms the outer periphery thereof and substantially coincides With

the circle of revolution, so that the pair of ?rst sockets and

the ?rst coupling member form a relatively rotatable ball and

socket joint in the ?rst position of the bifurcated arm

assembly. HoWever, the clamping means are operable in the ?rst position of the bifurcated arm assembly to reciprocate the pair of arm sections in relation to one another to a second

position of the bifurcated arm assembly in Which the ?rst

sockets assume a disposition relatively radially Within the

circle of revolution, and the ?rst coupling member is suf? ciently radially compressible at the outer peripheral surface thereof that betWeen the ?rst and second positions of the

bifurcated arm assembly, the inner peripheral surfaces of the

pair of ?rst sockets can deform the surface of the ?rst

coupling member to interlock the bifurcated arm assembly

With the ?rst coupling member and vice versa. But, the inner

peripheral surfaces of the ?rst sockets are also substantially smooth over suf?cient arcuate eXtent circumferentially of

the outer peripheral surface of the ?rst coupling member,

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8 and the ?rst coupling member is suf?ciently resilient about the surface thereof, that When the clamping means are

released, the pair of ?rst sockets and the ?rst coupling member reform a relatively rotatable ball and socket joint at the ?rst position of the bifurcated arm assembly, so that the bifurcated arm assembly can be rotated about the ?rst

coupling member to vary the angular orientation of the line of juncture With respect to the ?rst coupling member.

When the clamping means are released in certain embodi

ments of this still further combination, the pair of arm sections are reciprocable in relation to one another to a third

position of the bifurcated arm assembly in Which the faces

of the pair of arm sections are sufficiently spaced apart about

the ?rst locus of the ?rst coupling member that the ?rst

coupling member is detachable from the bifurcated arm

assembly and vice versa. Moreover, in some of these

embodiments, the base takes the form of a second coupling member Which has a substantially smooth part spherical

surface thereon that forms the outer periphery thereof, and Which is also compressible radially thereof at the outer

peripheral surface thereof, and the mounting device further comprises means forming a pair of operatively opposing second sockets in the faces of the respective arm sections

Which have substantially smooth part spherical surfaces at the inner peripheries thereof that are rotatably engageable With the second coupling member at the outer peripheral surface thereof in the respective positions of the bifurcated arm assembly lying betWeen the third and ?rst positions thereof inclusive, and Which progressively seiZe the second coupling member by compressing and deforming the surface thereof to interlock the bifurcated arm assembly With the

second coupling member When the pair of arm sections is

reciprocated in relation to one another in the direction of the

second position of the bifurcated arm assembly from the ?rst

position thereof. The releasable clamping means in these latter embodi

ments may include yieldable biasing means operable to

space the pair of arm sections from one another at the faces

thereof relatively crossWise the plane of the line of juncture, and a releasable clamping mechanism operable against the bias of the yieldable biasing means to reciprocate the pair of arm sections relatively toWard one another at the faces of the

arm sections, the yieldable biasing means and the clamping mechanism being engaged With the pair of arm sections in the space betWeen the ?rst and second loci of the ?rst

coupling member and the base, respectively, to form the split arm assembly into a bifurcated arm assembly Which has its

apeX at the second locus of the base When the pair of arm

sections is reciprocated relatively toWard one another at the

faces thereof. Furthermore, in certain embodiments, the faces of the respective arm sections may have recesses

therein betWeen the ?rst and second loci of the ?rst coupling

member and the base, and the yieldable biasing means may take the form of a coiled spring Which is caged betWeen the

respective arm sections at the recesses in the faces thereof.

Sometimes, the space betWeen the ?rst and second loci of the ?rst and second coupling members is of such length that When the ?rst coupling member is detached from the bifur

cated arm assembly and vice versa, the arm sections can be

pinched together against the bias of the spring to separate the pair of second sockets from one another to the eXtent that the

second coupling member can be detached from the pair of arm sections and vice versa.

At times, moreover, the arm sections may have a pair of

mutually opposing openings therein at the bottoms of the recesses, and the clamping mechanism may take the form of

an elongated bolt Which is passed through the pair of


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openings and has a ?ange on one end portion thereof and

threading on the other end portion thereof, and a knob Which

is threadedly engaged With the threading on the other end portion of the bolt and cooperable With the ?ange on the bolt to clamp the pair of arm sections therebetWeen.

In a still further combination thereof, the ?rst coupling member of the device has a reduced diameter neck at a side

thereof opposed to the part spherical surface thereof, and the ?rst sockets have rims formed thereabout at the faces of the

respective arm sections, and indentations in the respective rims thereof at the plane of the line of juncture, Which together are greater in Width than the neck so that the

bifurcated arm assembly can be rotated about the ?rst locus

of the ?rst coupling member to angular orientations in Which the line of juncture extends at right angles to the neck of the

?rst coupling member. Where the respective arm sections

have ends adjacent the ?rst sockets, the ?rst sockets may also have indentations in the respective rims thereof at the

adjacent ends of the arm sections, Which together are greater in Width than the neck so the bifurcated arm assembly can

be rotated about the ?rst locus of the ?rst coupling member

to angular orientations in Which the plane of the line of

juncture extends at oblique angles to the ?rst coupling member.

In yet another combination, the ?rst sockets have rims formed thereabout at the faces of the respective arm sections

and the ?rst sockets have cruciate grooves at the inner

peripheries thereof subdividing the part spherical surfaces thereof into four relatively smaller part spherical surfaces apiece, each of Which terminates at the groove in the

respective ?rst socket and the rim thereabout.

BRIEF DESCRIPTION OF THE DRAWINGS

These features Will be better understood by reference to

the accompanying draWings Wherein I have illustrated a

presently preferred embodiment of my mounting device Wherein the split arm assembly is interposed betWeen a pair

of couplers on a medical monitor and a relatively stationary

surface therebeloW, and clamped about a pair of ball-shaped coupling heads on the couplers to support the monitor on the

surface at various angular orientations thereto.

In the DraWings:

FIG. 1 is a perspective vieW of the monitor, surface and mounting device When the split arm assembly has been clamped about the heads of the couplers to form a connec

tion therebetWeen and then clamped about them further to

rigidify the connection and thereby support the monitor on

the surface; FIG. 2 is a perspective vieW of the mounting device alone

after it has been exploded into the respective components thereof to aid in understanding the combination of them;

FIG. 3 is a plan vieW of the relatively inside face of one

end portion of one arm section split arm assembly in the

device; FIG. 4 is a cross sectional vieW along the line 4—4 of

FIG. 1 When the split arm assembly of the device has been

clamped about the heads of the couplers to form a ball and

socket joint at the head of one of the couplers, but not

squeeZed about the heads to the extent that the connection

formed betWeen the heads by the device is rigidi?ed;

FIG. 5 is a part cross sectional vieW along the line 5—5

of FIG. 4 illustrating the effect on the ball and socket joint

formed about the head of the one coupler When the split arm

assembly has been squeeZed further together about the heads of the respective couplers to rigidify the connection ther

ebetWeen;

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10 FIG. 6 is a perspective vieW of an alternative form of

coupler Which is mountable on an object to be coupled by

inserting it in a holloW shoe secured to the object in

question; FIG. 7 is a plan vieW of the shoe at the bottom thereof,

When the alternative form of coupler has been inserted in the

holloW of the shoe and the bottom of the shoe itself has been

removed to shoW hoW the coupler engages therein; and

FIG. 8 is a perspective vieW of a lighting assembly

Wherein a pair of the mounting devices is employed in mounting a pair of lamps on a clamping device Which is

adapted to be mounted in turn on a support (not shoWn) extending relatively crossWise thereof.

BEST MODE FOR CARRYING OUT THE

INVENTION

Referring initially to FIGS. 1—5, it Will be seen that the

medical monitor 12 is supported in an upright U-shaped bracket 6 secured to the same by a fastener 7, and the bracket

and monitor are supported in turn on a mounting device 10

of my invention Which is mounted upright in turn on a

relatively stationary surface 14 therebeloW. The mounting device 10 comprises a split arm assembly 1, a device 20 With

Which to fasten together the pair of elongated, relatively rigid arm sections 16 and 18 in the assembly, a coiled spring

44 (FIG. 2) With Which to separate the pair of arm sections When they are fastened together, a clamping mechanism 2

With Which to squeeZe together the pair of arm sections

against the yieldable bias of the spring, and a pair of couplers 100 and 102 With part spherical heads 22 and 24 thereon, respectively, to Which the split arm assembly 1 is clamped by the clamping mechanism 2 When the device 10 is put to

use in mounting the bracket 6 and monitor 12 on the surface

14. The respective arm sections 16 and 18 are identical, and

are arranged in the mounting device 10 so as to be opera

tively juxtaposed to one another along a line of juncture 13

(FIG. 2) extending therebetWeen. In that disposition, the respective arm sections have faces 15 thereon Which are

operatively opposed to one another across a plane 5 (FIG. 4) coincident With the line of juncture 13; and also pairs of corresponding ?rst and second end portions 3 and 4 thereof that are operatively opposed to one another across the same

plane. There are pairs of recesses in the faces of the

respective arm sections, forming pairs of operatively oppos ing ?rst and second sockets 25 and 26 in the pairs of ?rst and

second end portions 3 and 4 of the arm sections, respec

tively; and the respective pairs of sockets 25 and 26 have part spherical surfaces at the inner peripheries thereof, and rims 98 formed thereabout on the faces 15 of the respective

arm sections. The respective rims 98 have indentations 99

formed therein at the plane 5 of the line of juncture, and additional indentations 101 formed therein at the adjacent

ends of the arm sections. Moreover, the respective pairs of sockets have cruciate grooves 27 formed therein at the inner

peripheries thereof, and the respective grooves subdivide the part spherical surfaces of the respective sockets into four relatively smaller part spherical surfaces apiece, each of Which terminates at the groove 27 in the respective socket

and at the rim 98 formed thereabout.

At the midsections of the arm sections 16 and 18, the faces

15 of the respective arm sections have reduced diameter

Waists 103 (FIG. 3), and additional recesses 28 (FIG. 3) formed therein, Which are elongated lengthWise of the respective arm sections, and are relieved still deeper at the

opposite ends thereof to form pairs of sumps 32 (FIG. 3) in the end portions of the respective arm sections, Which have


5,845,885 11

rounded bosses 30 upstanding therein. Between the pairs of sumps, the recesses 28 also have part circular lands 104

formed on the bottoms thereof, Which in turn have cylin drical openings 29 therein. At their outsides, the openings 29 are surrounded by circular lands 106 (FIG. 2) having coun terbores 108 therein at the mouths of the openings 29. When the pair of arm sections 16 and 18 is operatively juxtaposed to one another to form the split arm assembly 1, the openings

29 are disposed to assume a substantially coaxial relation

ship With one another and the spring 44 is interposed betWeen the pair of opposing sumps 32 in the end portions 4 of the arm sections, and circumposed about the bosses 30

on the pair of sumps, so as to be caged lengthWise betWeen

the pair of end portions 4 When the pair of arm sections is squeeZed together by the clamping mechanism 2. In that disposition, the spring yieldably bias the pair of arm sections to relatively separate from one another When the clamping

mechanism is relaxed, but is compressed betWeen the pair of arm sections When the arm sections are squeeZed together by

the clamping mechanism.

MeanWhile, the fastening device 20 is interconnected betWeen the pair of arm sections along the axis 109 of the

openings 29, Where it can also be subjected to compression by the clamping mechanism 2. The fastening device 20 comprises an elongated bolt 110 With a hexagonal head 8 at

one end of the elongated shank 38 thereof, and threading on the opposing end portion 112 of the shank. It also comprises an internally threaded knob 40 With diametrically opposing Wings 114 thereon, and a Washer 42 that is to be sleeved about the shank 38 of the bolt ahead of the knob 40. The

internal threading of the knob 40 is siZed to threadedly

engage With the threaded end portion 112 of the shank, and the pair of arm sections 16 and 18 is fastened together by

passing the shank of the bolt 110, ?rst, through the opening 29 in the arm section 16 and then through the opening 29 in

the arm section 18, then sleeving the Washer 42 about the

projecting threaded end portion 112 of the shank of the bolt, and then threadedly engaging the knob 40 on the threaded end portion 112 of the shank of the bolt While the head 8 of

the bolt is engaged in the counterbore 108 of the opening 29 in the arm section 16.

In the arrangement, the knob 40 and the bolt 110 also

function as the clamping mechanism 2, in that the pair of arm sections can be squeeZed together along the longitudinal axis 109 of the bolt 110 , and against the bias of the spring

44, by threading the knob 40 relatively inWardly along the length of the threaded end portion 112 of the shank of the

bolt in the direction of the head 8 thereof. Alternatively, the pair of arm sections can be alloWed to retract from one

another by unthreading the knob 40 along the shank 38 of the bolt in the opposite direction, to alloW the bias of the

spring 44 to separate the pair of arm sections from one

another. MeanWhile, in both cases, because of the eccen

tricity of the spring 44 With respect to the axis 109 of the bolt

110, there is a differential in the reaction of the respective

pairs of ?rst and second end portions 3 and 4 of the arm

sections to the clamping forces generated by the clamping mechanism 2, and this differential has a major role in the

operation of the mounting device 10, as shall be explained.

The couplers 100 and 102 are identical and each comprise

a disc-shaped base 47 and 48, respectively, With a reduced

diameter neck 46 relatively upstanding thereon, and a ball shaped head 22 and 24, respectively, upstanding in turn on

the neck. The head has part spherical surfaces 41 (FIG. 5) about the outer periphery thereof, and a pressure deformable

elastomeric material in the body thereof, Which renders the head relatively radially compressible betWeen the respective

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12 part spherical surfaces 41 thereof. The material is also relatively resilient, hoWever, so that When the compressive forces are released, the body of the head Will resume its original ball shaped con?guration at the surfaces 41 thereof. The respective heads 22, 24 are siZed so that the radii thereof are approximately equal to those of the inner peripheral surfaces of the sockets 25 and 26, and in the operation of the device 10, the sockets 25 in the end portions 3 of the arm

sections 16, 18, are engaged about the head 22 of the coupler

100 so as to form a ball and socket joint 43 (FIG. 4)

therebetWeen. That is, the inner peripheral surfaces of the sockets 25 and the part spherical surfaces 41 of the head 22 are caused to substantially coincide With a ?rst circle of

revolution 37 (FIG. 5) having its center at the ?rst locus 21 of the head. Later in the operation of the device, the inner peripheral surfaces of the sockets 26 in the end portions 4 of

the arm sections 16, 18 are caused to engage about the

surfaces 41 of the head 24 of the coupler 102 to form a

similar joint therebetWeen, but only that betWeen the head 22 and the sockets 25 is shoWn in the draWings. In each case,

the pressure deformable material in the body of the head enables the head to be squeeZed betWeen the surfaces 41

thereof to less than the diameter of the circle of revolution

37 With Which the respective surfaces of the sockets and the

head coincide. Moreover, the resiliency of the material in the body of the head enables the surfaces 41 thereof to resume

coincidence With that circle When the compression on the

head is released in a subsequent stage in the operation of the device.

The base of each coupler has openings 116 therein for screWs 118 With Which the coupler is fastened to an object

to be coupled. In FIG. 1, for example, the coupler 100 is fastened in this manner to the underside of the bracket 6,

Whereas the coupler 102 is fastened in like manner to the

mounting surface 14.

When the mounting device 10 is put to use, there are tWo

principal stages in the operation of it, a ?rst stage in Which the split arm assembly and the clamping mechanism are employed to make a loose connection betWeen the pair of

objects 6 and 14, and a second stage in Which that connec

tion is rigidi?ed so as to support one object 6 on the other

14. MeanWhile, betWeen the tWo stages, there is an inter

mediate stage in Which the angular orientation of the line of juncture 13 betWeen the pair of arm sections 16 and 18 can

be varied With respect to either or both of the objects, so as

to vary the angular orientation of one object, 6, With respect to the other 14. This is true Whether the device 10 has been

put through the ?rst stage in the operation thereof, but not the second, or has been put through both stages of its operation, and then the second or rigidi?cation stage has been reversed, so as to derigidify the connection and enable

the angular orientation of the line of juncture 13 to be varied

once again. It is also true that Whether the adjustment is

made before the rigidi?cation stage, or at the end of the

derigidi?cation stage, the device 10 Will persist in maintain ing a connection betWeen the pair of objects While the adjustment is made. The connection can be made to have

suf?cient rigidity at one end thereof, 3, 100, 3, moreover, that the adjustment can be made at the other end thereof, 4,

102, 4 While the rigidity of the one end 3, 100, 3 is relied on to maintain the angular orientation of the line of juncture 13

With respect to the object 6 at the one end of the connection.

In carrying out the tWo stages of operation, tWo different

portions 112‘ and 112“ of the threading 112 on the shank 38

of the bolt 110 are employed in applying the clamping forces to the pair of arm sections. Moreover, in carrying out the tWo

stages, the end portions 3 and 4 of the pair of arm sections


5,845,885 13

undergo tWo different phases in the reaction thereof to the clamping forces. Both effects Will become apparent in the explanation of the operation of the device 10 Which follows.

To carry out the operation, initially, the tWo couplers 100 and 102 are secured to the pair of objects 4 and 14,

respectively, to form a ?rst coupling member 22 on a ?rst,

6, of the objects, and a base 48 on the second, 14, of the

objects. The couplers and objects are also arranged so that the ?rst coupling member 22 and the base 48 are spaced

apart from one another at ?rst and second loci 21 and 23,

respectively, adjacent the opposite ends of a line of juncture 13 along Which the mounting device 10 is to be interposed betWeen the pair of objects. This leaves part spherical surfaces 41 of the ?rst coupling member 22 disposed on

opposite sides of a plane 5 (FIG. 4) of the line of juncture, and substantially in coincidence With a ?rst circle of revo

lution 37 (FIG. 5) having its center at the ?rst locus 21 of the ?rst coupling member 22. Either simultaneously With or

subsequent to securing the couplers to the pair of objects, the split arm assembly 1 is arranged about the line of juncture 13 so that the pair of arm sections 16 and 18 is operatively

juXtaposed to one another along the line betWeen the spaced ?rst and second loci 21 and 23 of the ?rst coupling member

and the base, and the pairs of corresponding ?rst and second end portions 3 and 4 of the arm sections are operatively

opposed to one another across the aforementioned plane 5 of

the line of juncture. The faces 15 of the arm sections are

likeWise operatively opposed to one another across the plane

5 of the line of juncture. MeanWhile, the spring 44 and the fastening device 20 are engaged betWeen the split arm

assembly 1 so as to hold the pair of arm sections together,

and the knob 40 is threaded onto the tip end portion 112‘ of

the threaded end portion 112 of the shank of the bolt and

rotated suf?ciently inWardly about the threading on the tip end portion 112‘ to apply initial clamping forces to the pair of arm sections and thereby squeeZe the pair of arm sections

together relatively crossWise the plane 5 of the line of juncture. As the pair of arm sections is squeeZed together, hoWever, the spring 44 produces a differential in the reaction of the respective pairs of ?rst and second end portions 3 and 4 of the arm sections, so that the pair of arm sections

assumes a relatively transversely contracted disposition

thereof about the ?rst coupling member 22 and the base 48

in Which the pair of ?rst sockets 25 in the pair of ?rst end portions 3 of the arm sections is operatively engaged about the peripheral surfaces 41 of the ?rst coupling member 22 in substantial coincidence With the ?rst circle of revolution 37,

but the pair of second end portions 4 of the arm sections is

spaced apart from one another about the base 48 to the eXtent

that although the pair of arm sections forms a connection

betWeen the ?rst coupling member and the base, at the second coupling member or attachment means provided by

the head 24, the connection alloWs the pair of arm sections

to be squeeZed further together about the base 48. This

completes the ?rst stage in the operation of the device and inasmuch as at the conclusion of it, the pair of ?rst sockets

25 forms a ?rst ball and socket joint 43 (FIG. 4) With the outer peripheral surfaces 41 of the ?rst coupling member 22, the ?rst coupling member and the pair of arm sections can

be pivoted in relation to one another at the ?rst joint 43 to

position the line of juncture 13 at any angular orientation desired With respect to either or both of the objects 6, 14.

MeanWhile, the ?rst coupling member and the base Will remain connected by the device. HoWever, because of the differential in the reaction of the pairs of end portions 3 and 4 of the arm sections, the connection can be made tighter at

the end thereof comprising the head 22, and an adjustment

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14 can be made more readily at the end of the connection

comprising the second coupling member or head 24. An

adjustment can be made at either end, hoWever, and While it is being made, the connection Will continue to remain intact, so that only limited assistance from an operator is needed to

support one object on the other during this intermediate

stage. When an angular orientation for the line of juncture 13 has

been selected, the device 10 can be put through the second

stage in the operation thereof to rigidify the connection

betWeen the pair of objects. In this instance, the knob 40 is rotated about the neXt successive longitudinal portion 112“ of the threading on the shank 38 of the bolt 110 to apply

additional clamping forces to the pair of arm sections, and

to apply those forces to the eXtent necessary to rigidify the

connection betWeen the ?rst coupling member 22 and the

base 48 at the selected angular orientation of the line of

juncture 13 With respect to the pair of objects 6, 14. During the ?rst stage in the operation of the device, the end portions 3, 4 of the pair of arm sections underWent a “free-swinging”

?rst phase in the reaction thereof to the clamping forces

because the compressed length of the spring 44 remained greater than the diameters of the heads 22 and 24. During the

second stage in the operation of the device, the end portions 3, 4 Will continue to undergo a “free-swinging” phase, but only so long as the compressed length of the spring is greater than the diameter of the heads 22 and 24. When the

compressed length of the spring is equal to the diameter of the heads, that is, When the clamping mechanism 2 has completely overcome the relatively transversely outWardly directed forces of the spring, then the end portions 3, 4 Will enter a second phase in the reaction thereof to the clamping

forces of the mechanism 2, and this second phase is possible only because the ?rst coupling member 22 is not hard and incompressible. This is to say, Were the ?rst coupling

member hard and incompressible, the clamping mechanism Would no longer be able to leverage the arm sections 16, 18

into engagement With the head 24 of the coupler 102, because of the equilibrium established betWeen the heads

and the spring. LikeWise, the spring Would no longer be able to produce a differential in the reaction of the end portions

3, 4 to the clamping forces of the mechanism 2. In short, the mechanism Would be rendered ineffective to produce any

further useful result, other than perhaps to increase the friction betWeen the pair of sockets 25 and the ?rst coupling

member 22. But that is not the case With the present

mounting device 10. To the contrary, When the compressed length of the spring is equal to the diameter of the heads 22, 24, the compressibility of the head 22 enables the clamping mechanism 2 to continue leveraging the arm sections 16, 18

into engagement With the head 24 of the coupler 102, and the spring in turn to continue producing a differential in the

reaction of the end portions 3, 4 of the arm sections to the

clamping forces of the mechanism. Moreover, the body of the ?rst coupling member 22 also has resiliency in the material thereof, so that With each increment of reduced

diameter in the body of the member, a greater proportion of the clamping forces is applied to the end portions 4 of the arm sections to produce a pliers-like grip on the head 24 of

the coupler 102 at the sockets 26. That is, the bifurcated arm

assembly formed by the clamping mechanism 2 from the split arm assembly 1, and having its apeX at the locus 21 of the ?rst coupling member 22, is reciprocated from the “?rst” position thereof in Which a ball and socket joint 43 Was

formed betWeen the ?rst coupling member 22 and the

sockets 25, to a “second” position thereof in Which the head

24 of the coupler 102 is suf?ciently compressed to interlock


5,845,885 15

the bifurcated arm assembly With the head and vice versa.

Meanwhile, even as the pair of arm sections is pivoting

about the ?rst coupling member 22 to reduce the space

betWeen the end portions 4 of the arm sections about the

base 48 of the coupler 102, the pair of sockets 25 is engaging the surfaces 41 on the body of the ?rst coupling member to

squeeZe the body of the ?rst coupling member therebetWeen and interlock the pair of arm sections With the ?rst coupling

member to rigidify the connection betWeen the ?rst coupling member and the base 48 of the coupler 102 at the selected

angular orientation of the line of juncture 13 With respect to the pair of objects 6, 14. See FIG. 5 Wherein the inner peripheral surfaces of the pair of ?rst sockets 25 are embed

ded in the surfaces 41 of the ?rst coupling member to a

second circle of revolution 45 having its center at the locus

21 of the ?rst coupling member but smaller in diameter than

the ?rst circle of revolution 37.

Furthermore, because of the inherent resiliency in the body of the ?rst coupling member 22, the ?rst joint 43 can be restored if desired, to enable a further adjustment to be

made in the orientation of the line of juncture, by releasing the clamping mechanism 2 relatively crossWise the plane 5 of the line of juncture until the pair of arm sections and the

?rst coupling member can be pivoted in relation to one

another to a neW location at Which the line of juncture is

repositioned at a different angular orientation With respect to

the pair of objects 6, 14.

Alternatively, While the clamping mechanism is being released, the pair of arm sections can be retracted in relation

to one another to a “third” position of the bifurcated arm

assembly in Which the faces 15 of the pair of arm sections

are suf?ciently spaced apart from one another about the head

24 of the coupler 102, that the head 24 is detachable from the bifurcated arm assembly and vice versa. In addition, the

space betWeen the ?rst and second loci 21, 23 of the pair of

couplers 100, 102 may be of such length, due to the length of the split arm assembly itself, that When the head 24 is

detached from the bifurcated arm assembly and vice versa,

the end portions 4 of the arm sections can be pinched

together against the bias of the spring 44 to separate the pair of sockets 25 from one another to the extent that the ?rst

coupling member 22 can also be detached from the pair of

arm sections and vice versa.

When operatively opposed to one another, the indenta tions 99 formed in the rims 98 of the sockets 25, 26 form

slots therebetWeen that are greater in Width than the necks 46

of the couplers, so that the angular orientation of the line of

juncture 13 can be made to extend at right angles to the neck

of either coupler, if desired, for example, by rotating the bifurcated arm assembly about the head of that coupler until

the neck of the coupler engages in the slot formed by the indentations. Similarly, the indentations 101 formed in the

rims 98 of the sockets at the ends of the arm sections form

“?sh mouths” therebetWeen that are suf?ciently Wider than

the necks of the couplers, that the bifurcated arm assembly

can be rotated about a head, for example, the head 22 of the

coupler 100, to an angular orientation in Which the plane 5 of the line of juncture 13 extends at an oblique angle to the head.

The indentations 99 and 101 and the cruciate grooves 27

in the sockets 25, 26 also provide recesses into Which the

bodies of the respective heads 22, 24 can deform When they

are subjected to compression by the pairs of sockets 25, 26 corresponding thereto.

Commonly the respective heads 22, 24 are formed of nitrile rubber material at the surfaces 41 thereof. Other

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16 materials, including other hardened rubber and elastomer materials, may be employed. The materials are commonly given a Shore A durometer of betWeen about 30—100 and preferably betWeen about 60—100. Most preferable is a Shore A durometer of about betWeen 85—90. In some

versions, the heads have a Shore D hardness of betWeen 40 and 70.

While supporting one object on another, the mounting device 10 Will also operate to damp the transmission of

mechanical vibrations from one object to the other, and in

fact to function as a shock absorber betWeen the tWo.

Furthermore, the heads 22, 24 Will act as electrically insu lative media in the combination, so that any stray current on

one object Will not travel to the other.

When the clamping mechanism 2 has been released

suf?ciently to detach the split arm assembly from the coupler 102 and vice versa, the remainder 100, 1 of the device 10 can

be moved in conjunction With the object 6 to a neW location,

and attached to a different coupler 102 at that location.

Alternatively, the device 10 can be detached from both

objects 6, 14, and moved from one location to another

separate from both objects, if desired.

An alternative coupler 50 is seen in FIGS. 6 and 7. The

alternative coupler 50 has a base 54, a neck 56 upstanding

on the base, and a resiliently compressible head 52 on the

neck, as in the embodiment of FIGS. 1—5. But the base 54

takes the form of a generally rectangularly shaped plate Which is slidably insertable in a holloW shoe 58 for the base

having a keyhole-shaped slot 119 in the top 62 thereof. The shoe has a rectangular bottom 60 that is securable to an

object, and a similarly shaped top 62 thereon forming a shalloW holloW 120 therebetWeen, Which opens to the exte

rior of the shoe through the slot 119. The top of the shoe also

has a pin 121 depending therefrom in the holloW of the shoe, and about Which a latch 64 is pivotally mounted. The latch

64 has an arm 72 on one end thereof, Which projects through

a slot 122 in one side of the top of the shoe, and a hook 66

on the opposite end thereof Which is engageable in a recess

70 in one side of the plate-like base 54 of the coupler 50. A

spring 124 biases the hook 66 of the latch 64 into engage

ment With that side of the base 54 of the coupler When the

base is inserted in the holloW 120 of the shoe 58 at the slot

119 thereof. When the neck 56 and head 52 of the coupler

are upstanding in the center opening 125 of the slot 119, the

hook 66 engages in the recess 70 to retain the coupler 50 in

the shoe until the lever 72 is actuated to disengage the hook

66 from the recess 70 and enable the coupler to be removed

from the shoe. When desired, a number of such shoes 58 can

be secured to a Workbench, ceiling, Wall or the like, at

various locations thereon, so that a mounting device 10 can

be employed at any one of the locations and then shifted to

another location When desired. Alternatively, a plurality of

couplers 50 can be secured to an equal number of lights,

instruments, sensors or the like, and then a selected light,

instrument or sensor can be coupled to a mounting device 10

at a particular site, by inserting the base 54 of the coupler secured to the same, into a shoe 58 at that site.

FIG. 8 illustrates hoW a pair of mounting devices 10 can

be equipped With a pair of lamps 86 and secured to an

intermediate coupling device 82 that is clampable in turn to

an elongated support (not shoWn), such as a stanchion, by Way of collectively mounting the pair of lamps on the support. In FIG. 8, the coupling device 82 comprises a pair of jaWs 88 and 90 that are pivotally secured to one another

by a fastener (not shoWn) extending through coaxial open ings (not shoWn) in the rear end portions 126 thereof, and that are siZed to engage one Within the other at the forWard


5,845,885 17

end portions 127 thereof. A coiled spring 91 is interposed betWeen the rear end portions 126 of the jaWs 88 and 90 to

urge the jaWs apart, and a fastening device 97 and a

clamping mechanism 96 similar to those seen in FIGS. 1—5,

are interengaged betWeen the forWard end portions 127 of

the jaWs to hold the jaWs together against the bias of the spring 91. The fastening device 97 comprises a threaded fastener 128 Which extends through an opening 130 in jaW 88, and is coupled to a U-shaped ?nger 95 that is secured to

the inside of jaW 90. The fastener and ?nger are accompa

nied by a knob 132 Which is attached to the exposed end of

the fastener 128, and is operable to impose an inWard force

against the jaW 88 to control the opening and closing of the coupling device.

Couplers 100 With Which to mount the devices 10, are

secured to the coupling device 82 at the opposing sides of

the jaW 90, and the lamps 86 are attached in turn to the

devices 10 themselves, using additional couplers 102 on the split arm assemblies 1 thereof. In use, each lamp 86 can be

oriented at any angular orientation desired, relative to the

coupling device 82, and therefore, relative to the support, so as to display the assembly in any manner desired.

There are many other variations and modi?cations that

can be made in and to the invention. There are also many

other applications of it. For example, the device may be used

as a ?shing rod holder that is selectively positionable

relative to the side of a vessel to Which it is attached; or to

provide a camera mount; or to provide a mount With Which

to hold a circuit board While it is being assembled, soldered

or maintenanced.

Sometimes tWo or more mounting devices may be com

bined to form a system With Which to mount elongated

objects such as ?shing rods or skis on a Wall, ceiling or like

structure.

A mounting device With a single ball and socket joint,

may be employed in lieu of the described paired arrange ment. In such a case, the head 22 or 24 of the same Would

form a ?rst linkage forming member, and the split arm

assembly 1 a second linkage forming member. LikeWise, means other than a nut and bolt may be employed as the

fastening means, and means other than that shoWn may be

employed as the clamping means. For example, vice-like

clamps may be employed.

The arm sections need not be identically shaped. One may

be larger than the other, and the second may take the form of a ?nger Which is hingedly secured to the ?rst so as to bear

against the head of a coupler that is interposed therebetWeen.

Also, in still other versions of my invention, there may be three or more arm sections that bear against the head of a

coupler; and the fastening device and clamping mechanism may comprise a collet or the like Which urges the arm

sections together against the head of a coupler so as to

compress and lock the arm sections onto the coupler.

I claim:

1. A mounting device for interposing along a line of

juncture betWeen a pair of relatively movable and relatively stationary objects, to support the relatively movable object on the relatively stationary object at a selected angular orientation of the line of juncture With respect to one of the

objects, comprising: means for forming a ?rst coupling member on a ?rst of the

objects and a base on a second of the objects at spaced

?rst and second loci, respectively, adjacent opposite ends of the line of juncture,

a split arm assembly comprising a pair of relatively rigid arm sections Which are adapted to be operatively jux

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18 taposed to one another along the line of juncture betWeen the spaced loci of the ?rst coupling member

and the base, and have pairs of corresponding ?rst and second end portions thereof Which are operatively opposed to one another across a plane coincident With

the line of juncture, so as to be disposed adjacent the

?rst coupling member and the base, respectively,

clamping means for squeezing the pair of arm sections

together relatively crossWise the plane of the line of juncture,

means for producing a differential in the reaction of the

respective pairs of ?rst and second end portions of the arm sections to the squeeZing action of the clamping

means, so that When squeeZed together, the pair of arm sections forms a bifurcated arm assembly that in a ?rst

position thereof, has its apex at the ?rst locus of the ?rst

coupling member and is loosely engaged about the base at the second end portions thereof,

means forming a pair of operatively opposing ?rst sockets in the ?rst end portions of the respective arm sections

having substantially smooth part spherical surfaces at the inner peripheries thereof Which substantially coin cide With a circle of revolution that has its center at the

?rst locus of the ?rst coupling member When the

bifurcated arm assembly is engaged in the ?rst position

thereof about the ?rst coupling member,

the ?rst coupling member having a substantially smooth part spherical surface thereon Which forms the outer

periphery thereof and substantially coincides With the circle of revolution, so that the pair of ?rst sockets and the ?rst coupling member form a relatively rotatable

ball and socket joint in the ?rst position of the bifur

cated arm assembly,

the clamping means being operable in the ?rst position of the bifurcated arm assembly to squeeZe the pair of arm

sections further together relatively crossWise the plane of the line of juncture and to a second position of the

bifurcated arm assembly in Which the inner peripheral

surfaces of the ?rst sockets assume a disposition rela

tively radially Within the circle of revolution, and the ?rst coupling member being suf?ciently radially com pressible at the outer peripheral surface thereof that betWeen the ?rst and second positions of the bifurcated

arm assembly, the inner peripheral surfaces of the ?rst sockets can deform the surface of the ?rst coupling

member to interlock the bifurcated arm assembly With

the ?rst coupling member and vice versa at a selected

angular orientation of the line of juncture With respect to the one object, and


respective pairs of ?rst and second end portions of the arm sections to the further squeeZing action of the

clamping means, so that When squeeZed further

together into the second position of the bifurcated arm

assembly, the pair of arm sections pivots relatively toWard one another about the ?rst coupling member to

seiZe the base and rigidly interconnect the bifurcated arm assembly With the base at the selected angular

orientation of the line of juncture With respect to the

one object.

2. The mounting device according to claim 1 Wherein the clamping means are releasable and When the clamping

means are released, the pair of arm sections is reciprocable

in relation to one another to a third position of the bifurcated

arm assembly in Which the pair of arm sections is suf?ciently

spaced apart about the ?rst locus of the ?rst coupling


5,845,885 19

member that the ?rst coupling member is detachable from the bifurcated arm assembly and vice versa.

3. The mounting device according to claim 2 Wherein the

base takes the form of a second coupling member having a

substantially smooth part spherical outer peripheral surface thereon, the second coupling member is also compressible radially thereof at the outer peripheral surface thereof, and the mounting device further comprises means forming a pair of operatively opposing second sockets in the second end portions of the pair of arm sections Which have substantially smooth part spherical surfaces at the inner peripheries thereof that are rotatably engageable With the second cou

pling member at the outer peripheral surface thereof in the

respective positions of the bifurcated arm assembly lying betWeen the third and ?rst positions thereof inclusive, and Which progressively seiZe the second coupling member by compressing and deforming the outer peripheral surface thereof to interlock the bifurcated arm assembly With the

second coupling member When the pair of arm sections is

squeeZed together in the direction of the second position of the bifurcated arm assembly from the ?rst position thereof.

4. The mounting device according to claim 1 Wherein the base and arm sections are adapted for rotation of the

bifurcated arm assembly about the base and vice versa at the

second locus of the base.

5. A mounting device for interposing along a line of

juncture betWeen a pair of relatively movable and relatively stationary objects, to support the relatively movable object on the relatively stationary object at a selected angular orientation of the line of juncture With respect to one of the




a split arm assembly comprising a pair of elongated relatively rigid arm sections Which are operatively

juxtaposed to one another along the line of juncture betWeen the spaced ?rst and second loci of the ?rst

coupling member and the base, and have pairs of corresponding ?rst and second end portions thereof that are operatively opposed to one another across a plane

coincident With the line of juncture,

the ?rst coupling member having a body With part spheri cal surfaces at the outer periphery thereof that are

disposed on opposite sides of the plane of the line of juncture to substantially coincide With a ?rst circle of

revolution having its center at the ?rst locus of the ?rst

coupling member, and also having pressure deformable material therein so that the body of the ?rst coupling member can be squeeZed betWeen the surfaces thereof

to less than the diameter of the ?rst circle of revolution,

means forming a pair of operatively opposing ?rst sockets in the pair of ?rst end portions of the respective arm

sections, means for applying initial clamping forces to the pair of

arm sections to squeeZe the pair of arm sections

together relatively crossWise the plane of the line of juncture,


respective pairs of ?rst and second end portions of the arm sections to the initial clamping forces so that When

squeeZed together, the pair of arm sections assumes a

relatively transversely contracted disposition thereof about the ?rst coupling member and the base in Which

the pair of ?rst sockets in the pair of ?rst end portions

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20 is operatively engaged about the outer peripheral sur faces of the ?rst coupling member in substantial coin

cidence With the ?rst circle of revolution, but the pair of second end portions is spaced apart from one another about the base to the eXtent that although the pair of arm sections forms a connection betWeen the ?rst

coupling member and the base, the connection alloWs the pair of arm sections to be squeeZed further together

about the base, the pair of ?rst sockets being adapted to form a ?rst ball

and socket joint With the outer peripheral surfaces of the ?rst coupling member When the pair of arm sections assumes the relatively transversely contracted disposi tion thereof about the ?rst coupling member and the base, so that the ?rst coupling member and the pair of arm sections can be pivoted in relation to one another

at the ?rst joint to position the line of juncture at a selected angular orientation With respect to the one

object, means for applying additional clamping forces to the pair

of arm sections to squeeZe the pair of arm sections

further together relatively crossWise the plane of the line of juncture When

the pair of arm sections is in the relatively transversely contracted disposition thereof about the ?rst coupling member and the base, and


respective pairs of ?rst and second end portions of the arm sections to the additional clamping forces so that

When squeeZed further together in the relatively trans versely contracted disposition thereof, the pair of arm sections pivots in relation to one another about the ?rst

coupling member to reduce the space betWeen the

second end portions of the respective arm sections about the base While the pair of ?rst sockets engages the outer peripheral surfaces of the body of the ?rst cou

pling member to squeeZe the body therebetWeen and interlock the pair of arm sections With the ?rst coupling member to rigidify the connection betWeen the ?rst

coupling member and the base at the selected angular orientation of the line of juncture With respect to the

one object.


?rst coupling member is formed of nitrile rubber material at

the surface thereof.


pair of arm sections is adapted to eXtend rectilinearly betWeen the spaced ?rst and second loci of the ?rst coupling member and the base.


means for forming the ?rst coupling member and the base

are elements physically separate and distinct from the

objects themselves but attachable thereto. 9. The mounting device according to claim 5 Wherein the

split arm assembly is physically separate and distinct from the means for forming each of the ?rst coupling member and the base.


split arm assembly is physically separate and distinct from the base.

11. The mounting device according to claim 5 Wherein the pressure deformable material is resilient and the means for

applying additional clamping forces to the pair of arms sections are releasable relatively crossWise the plane of the

line of juncture to restore the ?rst joint so that the pair of arm

sections and the ?rst coupling member can be pivoted in

relation to one another to position the line of juncture at a

different angular orientation With respect to the one object.


5,845,885 21

12. The mounting device according to claim 5 wherein the base has attachment means thereon for forming the connec

tion betWeen the ?rst coupling member and the base, and the

arm sections are operatively juxtaposed about the plane of the line of juncture so that When the pair of arms sections is

squeezed together by the initial clamping forces to assume the relatively transversely contracted disposition thereof, the second end portions of the pair of arm sections are recip rocated in relation to one another about the base to ?rst

positions thereof in Which the pair of second end portions is mutually opposed to one another across the plane and the

attachment means form a connection betWeen the ?rst

coupling member and the base, but the pair of second end portions is suf?ciently spaced apart from one another in the connection that the connection alloWs the pair of arm

sections to be squeeZed further together about the base.

13. The mounting device according to claim 12 Wherein

the attachment means are operatively interposed betWeen the

pair of second end portions in the connection but adapted so

that the respective second end portions of the arm sections

are spaced apart from the attachment means When the

second end portions assume the ?rst positions thereof in the

relative reciprocation thereof, and the device further com

prises means operatively interposed betWeen the attachment means and the respective second end portions to loosely interconnect the attachment means With the pair of second

end portions and vice versa When the second end portions

assume the ?rst positions thereof in the relative reciproca

tion thereof.

14. The mounting device according to claim 13 Wherein the attachment means include a second coupling member

having a body With part spherical surfaces at the outer

periphery thereof that are disposed on opposite sides of the plane of the line of juncture to substantially coincide With a second circle of revolution having its center at a point

betWeen the ?rst positions of the second end portions of the

arm sections in the relative reciprocation thereof, and the device further comprises means forming a pair of opera

tively opposing second sockets in the pair of second end portions of the respective arm sections, Which engage about the outer peripheral surfaces of the second coupling member in a third circle of revolution concentric With the second

circle of revolution but having a greater diameter than the

second circle of revolution so that When the second end

portions of the arm sections assume the ?rst positions

thereof in the relative reciprocation thereof, the body of the second coupling member and the respective second end portions of the arm sections are loosely interconnected With

one another but spaced apart from one another by the

differential betWeen the diameters of the second and third

circles of revolution.


the body of the second coupling member has pressure deformable material therein so that the body of the second

coupling member can be squeeZed betWeen the surfaces thereof to less than the diameter of the second circle of

revolution, and the arm sections are operatively juXtaposed

about the plane of the line of juncture so that When the pair of arm sections is squeeZed further together by the additional

clamping forces, the second end portions of the pair of arm sections are reciprocated in relation to one another about the

base to second positions thereof mutually opposed to one another across the plane of the line of juncture and in Which

the pair of second sockets forms a second ball and socket

joint With the outer peripheral surfaces of the second cou

pling member, so that the second coupling member and the pair of arm sections can be pivoted in relation to one another

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22 at the second joint to also position the line of juncture at a selected angular orientation With respect to the other object if desired, and then to third positions thereof mutually opposed to one another across the plane of the line of

juncture in Which the pair of second sockets engages the outer peripheral surfaces of the body of the second coupling member to squeeZe the body therebetWeen and interlock the pair of arm sections With the second coupling member to rigidify the connection betWeen the respective ?rst and second coupling members at the selected angular orientation of the line of juncture With respect to each of the objects.

16. The mounting device according to claim 15 Wherein the pressure deformable material in the bodies of the respec tive ?rst and second coupling members is resilient and the means for applying additional clamping forces to the pair of arm sections are releasable relatively crossWise the plane of

the line of juncture to restore the ?rst and second joints so that the pair of arm sections can be pivoted in relation to the

respective ?rst and second coupling members and vice versa, to position the line of juncture at different angular orientations With respect to the one and/or the other objects.

17. The mounting device according to claim 16 Wherein the differential producing means include yieldable biasing means and the space betWeen the ?rst and second loci of the

?rst coupling member and the base respectively is of such length that When the second coupling member is detached from the split arm assembly and vice versa, the pair of arm sections can be pinched together against the bias of the biasing means to separate the pair of ?rst sockets from one another to the eXtent that the ?rst coupling member can be

detached from the pair of arm sections and vice versa.

18. The mounting device according to claim 5 Wherein the means for producing a differential in the reaction of the

respective pairs of ?rst and second end portions of the arm sections to the initial clamping forces include means oper able to generate a lop-sided effect in the application of the initial clamping forces to the respective pairs of ?rst and second end portions of the arm sections When the pair of arm

sections is squeeZed together to assume the relatively trans versely contracted disposition thereof.

19. The mounting device according to claim 5 Wherein the base has attachment means thereon for forming the connec

tion betWeen the ?rst coupling member and the base, and the attachment means and the ?rst coupling member have means

operatively interposed therebetWeen to generate a lop-sided effect in the application of the initial clamping forces to the respective pairs of ?rst and second end portions of the arm sections When the pair of arm sections is squeeZed together to assume the relatively transversely contracted disposition thereof.

20. The mounting device according to claim 19 Wherein the attachment means include a second coupling member

having a body With part spherical surfaces at the outer periphery thereof that are disposed on opposite sides of the plane of the line of juncture to substantially coincide With a second circle of revolution having its center at a point

interposed betWeen the second end portions of the arm sections When the pair of arm sections is squeeZed together to assume the relatively transversely contracted disposition thereof, the ?rst and second circles of revolution have substantially equal diameters, and the means for generating a lop-sided effect in the application of the initial clamping forces to the respective ?rst and second end portions of the arm sections include yieldable biasing means disposed to

oppose the application of the initial clamping forces to the second end portions of the respective arm sections.


the yieldable biasing means are interposed across the plane

of the line of juncture betWeen the ?rst and second coupling members.


5,845,885 23

22. The mounting device according to clam 21 wherein the initial clamping forces are applied to the pair of arm

sections along a line interposed across the plane of the line

of juncture betWeen the yieldable biasing means and the ?rst coupling member.

23. The mounting device according to claim 22 Wherein the yieldable biasing means take the form of a coiled spring

Which is caged betWeen the pair of arm sections along a line

interposed across the plane of the line of juncture substan

tially parallel to the line of application of the initial clamping forces.


the arm sections are operatively juxtaposed about the plane of the line of juncture so that When the pair of arm sections

is squeeZed together by the initial clamping forces, the second end portions of the pair of arm sections are recip

rocated against the bias of the yieldable biasing means to

positions mutually opposed to one another across the plane and in Which the second coupling member forms a connec

tion betWeen the ?rst coupling member and the base, but the pair of second end portions is suf?ciently spaced apart from one another in the connection that the connection alloWs the

pair of arm sections to be squeeZed further together about the

base.

25. The mounting device according to claim 20 Wherein the space betWeen the ?rst and second loci of the ?rst

coupling member and the base respectively, is of such length that When the second coupling member is detached from the

split arm assembly and vice versa, the pair of arm sections

can be pinched together against the bias of the biasing means

to separate the ?rst end portions of the arm sections from one

another to the eXtent that the ?rst coupling member can be

detached from the pair of arm sections and vice versa.

26. The mounting device according to claim 5 Wherein the pressure deformable material renders the body of the ?rst

coupling member radially compressible at the outer periph eral surfaces thereof.


?rst sockets have surfaces at the inner peripheries thereof

Which are adapted to form the ?rst ball and socket joint With

the outer peripheral surfaces of the ?rst coupling member When the pair of arm sections assumes the relatively trans

versely contracted disposition thereof about the ?rst cou

pling member and the base. 28. The mounting device according to claim 27 Wherein

the pressure deformable material renders the body of the ?rst

coupling member radially compressible at the outer periph eral surfaces thereof, and the inner peripheral surfaces of the ?rst sockets are part spherical and adapted to substantially coincide With the ?rst circle of revolution When the pair of

arm sections assumes the relatively transversely contracted

disposition thereof about the ?rst coupling member and the base so that the ?rst joint is formed betWeen the respective

inner and outer peripheral surfaces of the ?rst sockets and

the ?rst coupling member, and then to compress the body of the ?rst coupling member radially thereof at the outer

peripheral surfaces thereof When the pair of arm sections is

squeeZed further together in the relatively transversely con tracted disposition thereof to interlock the pair of arm

sections With the ?rst coupling member and rigidify the connection betWeen the ?rst coupling member and the base

at the selected angular orientation of the line of juncture With

respect to the one object.


respective means for applying the initial clamping forces and the additional clamping forces to the pair of arm sections

include a pin and hole fastening device for fastening the pair

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24 of arm sections together relatively crossWise the plane of the line of juncture, and a clamping mechanism on the fastening device for applying clamping forces to the pair of arm sections through the fastening device.

30. A mounting device for interposing along a line of juncture betWeen a pair of relatively movable and relatively stationary objects, to support the relatively movable object on the relatively stationary object at varying angular orien tations of the line of juncture With respect to one of the objects, comprising: means for forming a ?rst coupling member on a ?rst of the



a split arm assembly comprising a pair of relatively rigid arm sections Which are adapted to be operatively juX

taposed to one another along the line of juncture betWeen the spaced ?rst and second loci of the ?rst

coupling member and the base, and have faces thereon Which are operatively opposed to one another across a

plane coincident With the line of juncture,

releasable clamping means for reciprocating the pair of arm sections in relation to one another relatively cross

Wise the plane of the line of juncture to form the split arm assembly into a bifurcated arm assembly Which has

its apeX at the second locus of the base and is engaged

about the ?rst coupling member,

means forming a pair of operatively opposing ?rst sockets in the faces of the respective arm sections having

substantially smooth part spherical surfaces at the inner peripheries thereof Which substantially coincide With a circle of revolution that has its center at the ?rst locus

of the ?rst coupling member When the bifurcated arm

assembly is engaged in a ?rst position thereof about the

?rst coupling member, the ?rst coupling member having a substantially smooth

part spherical surface thereon Which forms the outer

periphery thereof and substantially coincides With the circle of revolution, so that the pair of ?rst sockets and

the ?rst coupling member form a relatively rotatable ball and socket joint in the ?rst position of the bifur

cated arm assembly,

the clamping means being operable in the ?rst position of the bifurcated arm assembly to reciprocate the pair of arm sections in relation to one another to a second

position of the bifurcated arm assembly in Which the

?rst sockets assume a disposition relatively radially

Within the circle of revolution, and the ?rst coupling member being sufficiently radially compressible at the outer peripheral surface thereof that betWeen the ?rst

and second positions of the bifurcated arm assembly,

the inner peripheral surfaces of the pair of ?rst sockets can deform the surface of the ?rst coupling member to

interlock the bifurcated arm assembly With the ?rst

coupling member and vice versa, but

the inner peripheral surfaces of the ?rst sockets also being substantially smooth over suf?cient arcuate eXtent cir

cumferentially of the outer peripheral surface of the ?rst coupling member and the ?rst coupling member

being suf?ciently resilient at the surface thereof, that When the clamping means are released, the pair of ?rst

sockets and the ?rst coupling member reform a rela

tively rotatable ball and socket joint at the ?rst position of the bifurcated arm assembly, so that the bifurcated

arm assembly can be rotated about the ?rst coupling

member to vary the angular orientation of the line of

juncture With respect to the ?rst coupling member,


5,845,885 25

and wherein When the clamping means are released, the pair of arm sections are reciprocable in relation to one

another to a third position of the bifurcated arm assem

bly in Which the faces of the pair of arm sections are

suf?ciently spaced apart about the ?rst locus of the ?rst coupling member that the ?rst coupling member is detachable from the bifurcated arm assembly and vice

versa,

and the base takes the form of a second coupling member having a substantially smooth part spherical surface thereon Which forms the outer periphery thereof, the second coupling member is also compressible radially thereof at the outer peripheral surface thereof, and the mounting device further comprises means forming a pair of operatively opposing second sockets in the faces of the respective arm sections Which have substantially smooth part spherical surfaces at the inner peripheries thereof that are rotatably engageable With the second coupling member at the outer peripheral surface thereof in the respective positions of the bifurcated arm assem

bly lying betWeen the third and ?rst positions thereof inclusive, and Which progressively seiZe the second coupling member by compressing and deforming the surface thereof to interlock the bifurcated arm assembly

With the second coupling member When the pair of arm

sections are reciprocated in relation to one another in

the direction of the second position of the bifurcated

arm assembly from the ?rst position thereof. 31. The mounting device according to claim 30 Wherein

the releasable clamping means include yieldable biasing means operable to space the pair of arm sections from one

another at the faces thereof relatively crossWise the plane of

the line of juncture, and a releasable clamping mechanism

operable against the bias of the yieldable biasing means to reciprocate the pair of arm sections relatively toWard one

another at the faces of the arm sections, the yieldable biasing

means and the clamping mechanism being engaged With the pair of arm sections in the space betWeen the ?rst and second

loci of the ?rst coupling member and the base, respectively, to form the split arm assembly into a bifurcated arm assem

bly Which has its apeX at the second locus of the base When

the pair of arm sections is reciprocated relatively toWard one another at the faces thereof.

32. The mounting device according to claim 31 Wherein the faces of the respective arm sections have recesses therein

betWeen the ?rst and second loci of the ?rst coupling

member and the base, and the yieldable biasing means take the form of a coiled spring Which is caged betWeen the

respective arm sections at the recesses in the faces thereof.


the space betWeen the ?rst and second loci of the ?rst and

second coupling members is of such length that When the ?rst coupling member is detached from the bifurcated arm

assembly and vice versa, the arm sections can be pinched

together against the bias of the spring to separate the pair of second sockets from one another to the eXtent that the

second coupling member can be detached from the pair of

arm sections and vice versa.

34. The mounting device according to claim 32 Wherein the arm sections have a pair of mutually opposing openings

therein at the bottoms of the recesses, and the clamping mechanism takes the form of an elongated bolt Which is

passed through the pair of openings and has a ?ange on one end portion thereof and threading on the other end portion

thereof, and a knob Which is threadedly engaged With the threading on the other end portion of the bolt and cooperable With the ?ange on the bolt to clamp the pair of arm sections

therebetWeen.

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26 35. A mounting device for interposing along a line of

juncture betWeen a pair of relatively movable and relatively stationary objects, to support the relatively movable object on the relatively stationary object at varying angular orien tations of the line of juncture With respect to one of the



?rst and second loci, respectively adjacent opposite ends of the line of juncture,



coupling member and the base, and have faces thereon Which are operatively opposed to one another across a








of the ?rst coupling member When the bifurcated arm


?rst coupling member, the ?rst coupling member having a substantially smooth


periphery thereof and substantially coincides With the circle of revolution, so that the pair of ?rst sockets and

the ?rst coupling member form a relatively rotatable

ball and socket joint in the ?rst position of the bifur cated arm assembly,

the clamping means being operable in the ?rst position of the bifurcated arm assembly to reciprocate the pair of arm sections in relation to one another to a second



Within the circle of revolution, and the ?rst coupling member being sufficiently radially compressible at the outer peripheral surface thereof that betWeen the ?rst

and second positions of the bifurcated arm assembly, the inner peripheral surfaces of the pair of ?rst sockets can deform the surface of the ?rst coupling member to



the inner peripheral surfaces of the ?rst sockets also being substantially smooth over suf?cient arcuate eXtent cir







juncture With respect to the ?rst coupling member, and

the ?rst coupling member having a reduced diameter neck

at a side thereof opposed to the part spherical outer

peripheral surface thereof, and the ?rst sockets having


5,845,885 27

rims formed thereabout in the faces of the respective

arm sections, and indentations in the respective rims

thereof at the plane of the line of juncture, Which

together are greater in Width than the neck so that the

bifurcated arm assembly can be rotated about the locus

of the ?rst coupling member to angular orientations in Which the line of juncture eXtends at right angles to the neck of the ?rst coupling member.


the respective arm sections have ends adjacent the ?rst

sockets, and the ?rst sockets also have indentations in the respective rims thereof at the adjacent ends of the arm

sections, Which together are greater in Width than the neck so that the bifurcated arm assembly can be rotated about the

?rst locus of the ?rst coupling member to angular orienta tions in Which the plane of the line of juncture eXtends at

oblique angles to the ?rst coupling member. 37. A mounting device for interposing along a line of

juncture betWeen a pair of relatively movable and relatively stationary objects, to support the relatively movable object on the relatively stationary object at varying angular orien tations of the line of juncture With respect to one of the






coupling member and the base, and have faces thereon

Which are operatively opposed to one another across a








28 of the ?rst coupling member When the bifurcated arm


?rst coupling member,

the ?rst coupling member having a substantially smooth


periphery thereof and substantially coincides With the

circle of revolution, so that the pair of ?rst sockets and

the ?rst coupling member form a relatively rotatable

ball and socket joint in the ?rst position of the bifur

cated arm assembly, 10

the clamping means being operable in the ?rst position of

the bifurcated arm assembly to reciprocate the pair of

arm sections in relation to one another to a second



Within the circle of revolution, and the ?rst coupling

member being sufficiently radially compressible at the outer peripheral surface thereof that betWeen the ?rst

and second positions of the bifurcated arm assembly,

the inner peripheral surfaces of the pair of ?rst sockets

can deform the surface of the ?rst coupling member to



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the inner peripheral surfaces of the ?rst sockets also being

substantially smooth over suf?cient arcuate eXtent cir







juncture With respect to the ?rst coupling member, and

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the ?rst sockets having rims formed thereabout at the

faces of the respective arm sections and cruciate

grooves at the inner peripheries thereof subdividing the part spherical surfaces thereof into four relatively smaller part spherical surfaces apiece, each of Which terminates at the groove in the respective ?rst socket

and the rim thereabout.


EXHIBIT B

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The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

NATIONAL PRODUCTS, INC., Plaintiff, v. GAMBER-JOHNSON LLC, Defendant.

Civil Case No. CV04-02524P FIRST AMENDED COMPLAINT DEMAND FOR JURY TRIAL

Plaintiff, National Products Inc. (“NPI”), states and alleges as follows:

COMPLAINT

This is an action for patent infringement under the Patent Laws of the United States,

Title 35, United States Code, §§ 271 and 281-285, and for trade dress infringement under

the Lanham Act, 15 U.S.C. §§ 1051-1027(a), as follows:

PARTIES

1. Plaintiff – NPI is a Washington State corporation with principal place of

business at 1205 S. Orr Street, Seattle, WA 98108.

2. NPI is in the business of manufacturing and selling mounting systems and

device mounting solutions.

DARBY & DARBY P.C. 1191 SECOND AVENUE

SEATTLE, WASHINGTON 98101

TELEPHONE: 206.262.8900

FIRST AMENDED COMPLAINT - 1 Civil Case No. CV04-02524P

Case 2:04-cv-02524-MJP Document 21 Filed 04/07/05 Page 1 of 7Case 2:15-cv-01553 Document 1-2 Filed 09/30/15 Page 2 of 11

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3. Defendant – Upon information and belief, Defendant, Gamber-Johnson, LLC

(“Gamber-Johnson”), is a Domestic Limited Liability Company, registered in the State of

Wisconsin, with a principal address at: 3001 Borham Ave., Stevens Point, WI 54481.

4. Gamber-Johnson is a distributor and manufacturer of light industrial

mounting systems and other products. Gamber-Johnson advertises, markets and sells its

products throughout the United States. Upon information and belief, Gamber-Johnson has

sold products in this District which is the subject of this lawsuit.


5. Jurisdiction: This Court has jurisdiction over these claims pursuant to 28

U.S.C. §§ 1331 and 1338.

6. Venue: Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and

1400(b).

THE ’885 PATENT

7. On December 8, 1998, U.S. Patent No. 5,845,885 ("the ’885 patent"), entitled

"Universally Positionable Mounting Device," was duly and legally issued to Jeff Carnevali.

All rights, title and interest in the ’885 patent were subsequently assigned to NPI, which

remains the sole owner of all right, title and interest in and to the ’885 Patent, including the

right to sue and collect damages for infringement. A copy of the ’885 patent was attached to

the original Complaint and is attached herein as Exhibit 1.

BACKGROUND

8. NPI and Gamber-Johnson had cordial business relations for many years. In

2000, NPI entered into a one year exclusive license agreement with Gamber-Johnson to sell

their RAM Mount. The exclusive license expired and was not renewed.



TELEPHONE: 206.262.8900



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9. During 2004, Gamber-Johnson developed a device mount known as

Versatrue. Gamber-Johnson and Versatrue sell this product within the United States.

Exhibit 2, attached, herein contains pictures of both NPI’s RAM Mount and the Versatrue

device.

Count 1

Patent Infringement of Patent No. 5,845,885

10. The allegations of preceding paragraphs 1-9 are repeated and incorporated

herein by reference.

11. Gamber-Johnson has been and is now infringing one or more claims of the

’885 patent by making, using, offering to sell, or selling within the United States and/or

importing into the United States products that incorporate the claimed subject matter,

without license or authority.

12. Gamber-Johnson’s acts alleged herein constitute infringement of the ’885

Patent in violation of the patent laws of the United States, 35 U.S.C. §§ 271 and 281-285.

13. By reason of Gamber-Johnson’s acts alleged herein, NPI has suffered and

will continue to suffer, irreparable damages, and unless Gamber-Johnson is restrained from

continuing its wrongful act, the irreparable damage to NPI will continue.

14. Upon information and belief, the foregoing infringement by Gamber-Johnson

has been willful and deliberate.

Count 2

Trade Dress Infringement

15. The allegations of preceding paragraphs 1-9 are repeated and incorporated

herein by reference.



TELEPHONE: 206.262.8900



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16. NPI has adopted a distinctive visual impression for its RAM Mount ball-and-

socket mounting systems. Those features include a sleek hourglass-shaped profile for the

units’ attachment arms, black rubber balls for the mounting balls, and mounting plates that

are round and have seven screw holes in a distinctive circular 3-2-2 pattern. These features,

individually and in combination, give the units a distinctive trade dress that consumers have

come to recognize as an indication of source. These features are stylistic and not functional.

17. Gamber-Johnson has copied this distinctive look in its Versatrue units. The

Versatrue attachment arms have a similar hourglass-shaped profile. Its base units also use

black rubber balls, and it sells products with mounting plates that have the same, distinctive

pattern of seven screw holes in a 3-2-2 configuration.

18. The overall look and shape of the Versatrue mounting device conveys a

visual impression that is virtually identical to the distinctive RAM Mount trade dress.

Please see Exhibit 2 for a comparison of both devices. The overall impression is therefore

likely to create confusion about source with consumers and has created actual confusion.

19. Gamber-Johnson’s use of this trade dress constitutes false designation of

origin in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

20. By reason of Gamber-Johnson’s acts alleged herein, NPI has suffered and

will continue to suffer, irreparable damages, and unless Gamber-Johnson is restrained from

continuing its wrongful act, the irreparable damage to NPI will continue.

21. Upon information and belief, the foregoing infringement by Gamber-Johnson

has been willful and deliberate.



TELEPHONE: 206.262.8900



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PRAYER FOR RELIEF

WHEREFORE, Plaintiff NPI prays for judgment against Defendant as follows:

1. Declaring that Defendant has infringed the ’885 patent;

2. Declaring that Defendant has infringed the trade dress of NPI’s RAM Mount;

3. Awarding damages, including prejudgment interest;

4. Enjoining and restraining Defendant and its agents, attorneys, servants,

successors, assigns, employees, and all those in privy or in active concert and participation

with them, or any of them, from infringing the ’885 patent and engaging in false designation

of origin;

5. Ordering Defendant to deliver up for destruction all infringing products;

6 Awarding Defendant’s profits under 15 U.S.C. § 1117(a);

7. Awarding up to treble damages under 35 U.S.C. § 284 and 15 U.S.C. §

1117(a) because of the willful nature of the infringement by Defendant;

8. Holding that this case is exceptional and awarding NPI its reasonable

attorneys’ fees and expenses against Defendant under 35 U.S.C. § 285 and 15 U.S.C. §

1117(a); and

9. Assessing costs and other expenses and awarding such other further relief as

the Court may deem just and proper.

JURY DEMAND

Plaintiff NPI demands a jury trial on all issues so triable.



TELEPHONE: 206.262.8900



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DATED: April 7, 2005 s/ Kris R. Jensen Kris R. Jensen, WSBA No. 19261 Attorney at Law Grand Central on the Park 216 First Avenue South, Suite 204 Seattle, WA 98104 Phone: 206.682.6089 Fax: 206.622.3812 Email: [email protected] DARBY & DARBY P.C. s/ David K. Tellekson

David K. Tellekson, WSBA No. 33523 Robert L. Jacobson, WSBA No. 30838 DARBY & DARBY P.C.1191 Second Avenue Seattle, Washington 98101 Telephone: 206.262.8900 Facsimile: 206.262.8901 Email: [email protected] Attorneys for Plaintiff National Products, Inc.



TELEPHONE: 206.262.8900



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CERTIFICATE OF SERVICE

I hereby certify that on April 7, 2005, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system, which will send notification of the filing to

the following:

Mark S. Parris Molly A. Terwilliger Heller Ehrman White & McAuliffe LLP 701 Fifth Avenue, Suite 6100 Seattle, WA 98104 Phone: 206.447.0900 Fax: 206.447.0849 Email: [email protected] [email protected] Steven P. Weihrouch Andrew M. Ollis Oblon, Spivak, McClelland, Maier & Newstadt, P.C. 1940 Duke Street Alexandria, VA 22314 Phone: 703.413.3000 Fax: 703.413.2220 Email: [email protected] [email protected] s/ Jeanne M. Bauer for David K. Tellekson, WSBA # 33523 DARBY & DARBY P.C. 1191 Second Avenue Seattle, WA 98101 Phone: 206.262.8900 Fax: 206.262.8901



TELEPHONE: 206.262.8900



EXHIBIT 2

Case 2:04-cv-02524-MJP Document 21-3 Filed 04/07/05 Page 1 of 3Case 2:15-cv-01553 Document 1-2 Filed 09/30/15 Page 9 of 11

RAM Versatrue

RAM Versatrue

RAM ball Versatrue ball


RAM Versatrue

RAM Versatrue


EXHIBIT C

3


EXHIBIT D

4


PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85632977

Filing Date: 05/23/2012

The table below presents the data as entered.

Input Field Entered

SERIAL

NUMBER85632977

MARK INFORMATION

*MARK\\TICRS\EXPORT16\IMAGEOUT 16\856\329\85632977\xml1\

APP0002.JPG

SPECIAL FORM YES

USPTO-

GENERATED

IMAGE

NO

COLOR MARK NO

*DESCRIPTION

OF THE MARK

(and Color

Location, if

applicable)

The mark consists of a three-dimensional configuration of a double-socket

mount arm that is tapered in the middle like an hourglass. The dotted lines

outlining the ends of the mount and the adjustment knob indicate placement

of the mark on the goods and are not part of the mark.

PIXEL COUNT

ACCEPTABLEYES

PIXEL COUNT 336 x 940

REGISTER Principal

APPLICANT INFORMATION

*OWNER OF

MARKNational Products, Inc.

*STREET 8410 Dallas Ave. S.

*CITY Seattle

*STATE

(Required for U.S.

applicants)

Washington

*COUNTRY United States

*ZIP/POSTAL


../APP0002.JPG

../APP0002.JPG

CODE

(Required for U.S.

applicants only)

98108

LEGAL ENTITY INFORMATION

TYPE corporation

STATE/COUNTRY

OF

INCORPORATION

Washington

GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL

CLASS006

*

IDENTIFICATION

Metal universal mounts comprising a base, arms with sockets, balls, bolts and

tighteners, to be used with a variety of custom components to mount a wide

variety of items such as electronic devices and sporting equipment; parts for

the aforementioned goods, namely, double-socket mount arms

FILING BASIS SECTION 1(a)

FIRST USE

ANYWHERE

DATE

At least as early as 00/00/1992

FIRST USE IN

COMMERCE

DATE


SPECIMEN FILE NAME(S)

JPG FILE(S)\\TICRS\EXPORT16\IMAGEOUT 16\856\329\85632977\xml1\

APP0003.JPG

\\TICRS\EXPORT16\IMAGEOUT16\856\329\85632977\xml1\APP0005.JPG

ORIGINAL

PDF FILESPE0-63197243249-165913495_._www.rammount.pdf

CONVERTED

PDF FILE(S)

(1 page)


SPECIMEN

DESCRIPTION

photo of the mark as used on the goods, web page where the goods are sold

and photo of the goods

INTERNATIONAL

CLASS012

*

IDENTIFICATION

Mounts for electronic devices and sporting equipment specially adapted for

use in vehicles

FILING BASIS SECTION 1(a)

FIRST USE

ANYWHERE

DATE



../APP0003.JPG

../APP0003.JPG

../APP0005.JPG

../SPE0-63197243249-165913495_._www.rammount.pdf

../APP0004.JPG

FIRST USE IN

COMMERCE

DATE


SPECIMEN FILE NAME(S)

JPG FILE(S)\\TICRS\EXPORT16\IMAGEOUT 16\856\329\85632977\xml1\

APP0006.JPG


ORIGINAL

PDF FILESPE0-1-63197243249-165913495_._www.rammount.pdf

CONVERTED

PDF FILE(S)

(1 page)


SPECIMEN

DESCRIPTION

photo of the mark as used on the goods, web page where the goods are sold

and photo of the goods

ADDITIONAL STATEMENTS SECTION

SECTION 2(f)

Claim of Acquired

Distinctiveness,

based on Use

The mark has become distinctive of the goods/services through the applicant's

substantially exclusive and continuous use in commerce that the U.S.

Congress may lawfully regulate for at least the five years immediately before

the date of this statement.

SECTION 2(f)

Claim of Acquired

Distinctiveness,

BASED ON

EVIDENCE

The mark has become distinctive of the goods/services, as demonstrated by

the attached evidence.

2(f) EVIDENCE FILE NAME(S)

ORIGINAL

PDF FILE

e2f-63197243249-165913495_._Doc_179_-

_Amended_Consent_Judgment__80081241_.pdf

CONVERTED

PDF FILE(S)

(8 pages)









Applicant submits herewith a Consent Judgment issued on October 2, 2006 by

the United States District Court for the Western District of Washington at


../APP0006.JPG

../APP0006.JPG

../APP0008.JPG

../SPE0-1-63197243249-165913495_._www.rammount.pdf

../APP0007.JPG

../e2f-63197243249-165913495_._Doc_179_-_Amended_Consent_Judgment__80081241_.pdf


../APP0009.JPG

../APP0010.JPG

../APP0011.JPG

../APP0012.JPG

../APP0013.JPG

../APP0014.JPG

../APP0015.JPG

../APP0016.JPG

MISCELLANEOUS

STATEMENT

Seattle, in which the court declares on page 4, paragraph B that Applicant

("NPI") has a protectable trade dress comprising the distinctive hourglass-

shaped profile of its double-socket RAM Mount devices. It is also stipulated

on page 2, paragraph 6 that the Applicant's hourglass-shaped mark "is

nonfunctional and has acquired secondary meaning with consumers." Finally,

Applicant notes that the hourglass shape of its goods is not functional or

essential to the use of the goods, and is not claimed in Applicant's patents.

ATTORNEY INFORMATION

NAME Linda M. Goldman, Sally M. Abel

ATTORNEY

DOCKET

NUMBER

27933-00072

FIRM NAME Fenwick & West LLP

INTERNAL

ADDRESSSilicon Valley Center

STREET 801 California Street

CITY Mountain View

STATE California

COUNTRY United States

ZIP/POSTAL

CODE94041

PHONE 650-988-8500

FAX 650-938-5200

EMAIL ADDRESS [email protected]

AUTHORIZED TO

COMMUNICATE

VIA EMAIL

Yes

OTHER

APPOINTED

ATTORNEY

all other attorneys

CORRESPONDENCE INFORMATION

NAME Linda M. Goldman, Sally M. Abel

FIRM NAME Fenwick & West LLP

INTERNAL

ADDRESSSilicon Valley Center

STREET 801 California Street

CITY Mountain View

STATE California


COUNTRY United States

ZIP/POSTAL

CODE94041

PHONE 650-988-8500

FAX 650-938-5200

EMAIL ADDRESS [email protected]

AUTHORIZED TO

COMMUNICATE

VIA EMAIL

Yes

FEE INFORMATION

NUMBER OF

CLASSES2

FEE PER CLASS 325

*TOTAL FEE DUE 650

*TOTAL FEE

PAID650

SIGNATURE INFORMATION

SIGNATURE /Jeffrey D. Carnevali/

SIGNATORY'S

NAMEJeffrey D. Carnevali

SIGNATORY'S

POSITIONPresident / CEO

DATE SIGNED 05/22/2012


PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register


Filing Date: 05/23/2012

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)

The applicant is not claiming color as a feature of the mark. The mark consists of a three-dimensional

configuration of a double-socket mount arm that is tapered in the middle like an hourglass. The dotted

lines outlining the ends of the mount and the adjustment knob indicate placement of the mark on the goods

and are not part of the mark.

The applicant, National Products, Inc., a corporation of Washington, having an address of

8410 Dallas Ave. S.

Seattle, Washington 98108

United States

requests registration of the trademark/service mark identified above in the United States Patent and

Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051

et seq.), as amended, for the following:

International Class 006: Metal universal mounts comprising a base, arms with sockets, balls, bolts

and tighteners, to be used with a variety of custom components to mount a wide variety of items such as

electronic devices and sporting equipment; parts for the aforementioned goods, namely, double-socket

mount arms

In International Class 006, the mark was first used by the applicant or the applicant's related company or

licensee or predecessor in interest at least as early as 00/00/1992, and first used in commerce at least as

early as 00/00/1992, and is now in use in such commerce. The applicant is submitting one(or more)

specimen(s) showing the mark as used in commerce on or in connection with any item in the class of

listed goods and/or services, consisting of a(n) photo of the mark as used on the goods, web page where

the goods are sold and photo of the goods.

JPG file(s):

Specimen File1

Specimen File2

Original PDF file:

SPE0-63197243249-165913495_._www.rammount.pdf

Converted PDF file(s) (1 page)

Specimen File1

International Class 012: Mounts for electronic devices and sporting equipment specially adapted for

use in vehicles

In International Class 012, the mark was first used by the applicant or the applicant's related company or


../APP0002.JPG

../APP0003.JPG

../APP0005.JPG

../SPE0-63197243249-165913495_._www.rammount.pdf

../APP0004.JPG

licensee or predecessor in interest at least as early as 00/00/1992, and first used in commerce at least as

early as 00/00/1992, and is now in use in such commerce. The applicant is submitting one(or more)

specimen(s) showing the mark as used in commerce on or in connection with any item in the class of

listed goods and/or services, consisting of a(n) photo of the mark as used on the goods, web page where

the goods are sold and photo of the goods.

JPG file(s):

Specimen File1

Specimen File2

Original PDF file:

SPE0-1-63197243249-165913495_._www.rammount.pdf

Converted PDF file(s) (1 page)

Specimen File1

The mark has become distinctive of the goods/services through the applicant's substantially exclusive and

continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years

immediately before the date of this statement.

The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.

The applicant submits the following evidence to support the §2(f) claim:

Original PDF file:

e2f-63197243249-165913495_._Doc_179_-_Amended_Consent_Judgment__80081241_.pdf

Converted PDF file(s) (8 pages)

2(f) evidence-1

2(f) evidence-2

2(f) evidence-3

2(f) evidence-4

2(f) evidence-5

2(f) evidence-6

2(f) evidence-7

2(f) evidence-8

Applicant submits herewith a Consent Judgment issued on October 2, 2006 by the United States District

Court for the Western District of Washington at Seattle, in which the court declares on page 4, paragraph

B that Applicant ("NPI") has a protectable trade dress comprising the distinctive hourglass-shaped profile

of its double-socket RAM Mount devices. It is also stipulated on page 2, paragraph 6 that the Applicant's

hourglass-shaped mark "is nonfunctional and has acquired secondary meaning with consumers." Finally,

Applicant notes that the hourglass shape of its goods is not functional or essential to the use of the goods,

and is not claimed in Applicant's patents.

The applicant's current Attorney Information:

Linda M. Goldman, Sally M. Abel and all other attorneys of Fenwick & West LLP



Mountain View, California 94041

United States


../APP0006.JPG

../APP0008.JPG

../SPE0-1-63197243249-165913495_._www.rammount.pdf

../APP0007.JPG


../APP0009.JPG

../APP0010.JPG

../APP0011.JPG

../APP0012.JPG

../APP0013.JPG

../APP0014.JPG

../APP0015.JPG

../APP0016.JPG

The attorney docket/reference number is 27933-00072.

The applicant's current Correspondence Information:

Linda M. Goldman, Sally M. Abel

Fenwick & West LLP



Mountain View, California 94041

650-988-8500(phone)

650-938-5200(fax)

[email protected] (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2

class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by

fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and

the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is

properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to

be the owner of the trademark/service mark sought to be registered, or, if the application is being filed

under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce;

to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right

to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to

be likely, when used on or in connection with the goods/services of such other person, to cause confusion,

or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and

that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Jeffrey D. Carnevali/ Date: 05/22/2012

Signatory's Name: Jeffrey D. Carnevali

Signatory's Position: President / CEO

RAM Sale Number: 446

RAM Accounting Date: 05/24/2012


Internet Transmission Date: Wed May 23 14:08:32 EDT 2012

TEAS Stamp: USPTO/BAS-63.197.243.249-201205231408328

52298-85632977-490a129c04a8c2587358a5571

22d9854c79-DA-446-20120517165913495748


EXHIBIT E

5


Riddell Williams P.S. 1001 Fourth Avenue, Suite 4500 Seattle, Washington 98154-1192

206.624.3600

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DEFENDANT ARKON RESOURCES, INC.’S ANSWER, DEFENSES AND JURY DEMAND - (No. 15-cv-01553-RSL ) - 1

4851-8202-6027.03 112015/65894.00001

THE HONORABLE ROBERT S. LASNIK

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

AT SEATTLE


Plaintiff,

v.

ARKON RESOURCES, INC.,

Defendant.

No. 15-cv-01553-RSL

ANSWER OF DEFENDANT ARKON RESOURCES, INC. TO COMPLAINT OF NATIONAL PRODUCTS, INC. DEMAND FOR JURY TRIAL

Defendant ARKON RESOURCES, INC. (“Defendant”) by and through its attorneys,

Karish & Bjorgum, PC, respectfully submit this Answer in response to the Complaint of

NATIONAL PRODUCTS, INC., as follows:

THE PARTIES

1. Answering paragraph 1 of the Complaint, Defendant is without sufficient

information to admit or deny the allegations and on that basis deny them.

2. Answering paragraph 2 of the Complaint, Defendant admits the allegations of this

paragraph of the Complaint.

Case 2:15-cv-01553-RSL Document 12 Filed 11/20/15 Page 1 of 9


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4851-8202-6027.03 112015/65894.00001

3. Answering paragraph 3 of the Complaint, Defendant admits that in this action,

NPI alleges that Defendant has engaged in (1) Trade Dress Infringement, 15 U.S.C. § 1114; (2)

Unfair Competition and False Designation of Origin, 15 U.S.C. § 1125(a); (3) Trade Dress

Infringement under Washington common law; (4) Unfair Business Practices, RCW 1986 et seq.;

(5) Unfair Competition under Washington common law; and (6) Unjust Enrichment under

Washington common law but otherwise denies the allegations of this paragraph of the

Complaint.



5. Answering paragraph 5 of the Complaint, Defendant admits personal jurisdiction,

but otherwise denies the allegations of this paragraph of the Complaint.



NPI’S BUSINESS AND TRADEMARK















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4851-8202-6027.03 112015/65894.00001

DEFENDANT’S UNLAWFUL ACTIONS

13. Answering paragraph 13 of the Complaint, Defendant denies the allegations in

this paragraph of the Complaint.





FIRST CLAIM FOR RELIEF

(Federal Trade Dress Infringement under 15 U.S.C. § 1114)

16. Answering paragraph 16 of the Complaint, Defendant reincorporates its responses

to Paragraphs 1 through 15 above as though fully set forth herein.

















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4851-8202-6027.03 112015/65894.00001

24. Answering paragraph 24 of the Complaint, Defendant admits that the Complaint

seeks an order forcing Defendant to deliver up for destruction products, labels, signs, prints,

advertisements and other articles in Defendant’s possession, but otherwise denies the allegations

in this paragraph of the Complaint.

SECOND CLAIM FOR RELIEF

(Federal Unfair Competition and False Designation of Origin

under 15 U.S.C. § 1125(a))





















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4851-8202-6027.03 112015/65894.00001

34. Answering paragraph 34 of the Complaint, Defendant admits that the Complaint

asks the Court for an order forcing Defendant to deliver up for destruction products, labels, signs,

prints, advertisements, and other articles in Defendant’s possession, but otherwise denies the

allegations in this paragraph of the Complaint.

THIRD CLAIM FOR RELIEF

(Washington Common Law Trade Dress Infringement)











FOURTH CLAIM FOR RELIEF

Unfair Business Practices – RCW 19.86 et seq.)









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4851-8202-6027.03 112015/65894.00001

FIFTH CLAIM FOR RELIEF

(Washington Common Law Unfair Competition)







SIXTH CLAIM FOR RELIEF

(Washington Common Law Unjust Enrichment)





FIRST DEFENSE

(Failure to State a Claim)

1. Plaintiff’s claims fail to state a claim upon which relief can be granted.

SECOND DEFENSE

(Non-Infringement)

2. Defendant has not infringed any applicable trademarks or trade dress under

federal or state law.

THIRD DEFENSE

(Invalidity)

3. Plaintiff’s U.S. Trademark Reg. No. 4,254,086 is invalid as functional and as

lacking secondary meaning.



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4851-8202-6027.03 112015/65894.00001

FOURTH DEFENSE

(Lack of Irreparable Harm)

4. Plaintiff’s claims for injunctive relief are barred because Plaintiff cannot show

that it will suffer any irreparable harm for Defendant’s actions.

FIFTH DEFENSE

(Adequacy of Remedy at Law)

5. The alleged injury or damage suffered by Plaintiff, if any, would be adequately

compensated by damages. Accordingly, Plaintiff has a complete and adequate remedy at law

and is not entitled to seek equitable relief.

SIXTH DEFENSE

(Waiver, Acquiescence, and Estoppel)

6. Each of the purported claims set forth in the Complaint is barred by the doctrines

of waiver, acquiescence, and estoppel.

SEVENTH DEFENSE

(Unclean Hands)

7. On information and belief, Plaintiff’s claims are barred by the doctrine of unclean

hands, because of Plaintiff’s misuse of statutory notice.

EIGHTH DEFENSE

(Innocent Infringement)

8. The claims made in the Complaint are barred, in whole or in part, because any

infringement, if any, was innocent.

NINTH DEFENSE

(Duplicative Claims)

9. Without admitting that the Complaint states a claim, any remedies are limited to

the extent that there is sought an overlapping or duplicative recovery pursuant to the various

claims against Defendant for any alleged single wrong.



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4851-8202-6027.03 112015/65894.00001

TENTH DEFENSE

(Federal Preemption)

10. Plaintiff’s state law claims are preempted by federal legislation.

RESERVATION OF RIGHT TO AMEND ANSWER TO ASSERT ADDITIONAL

DEFENSES

11. Defendant hereby gives notice that it intends to rely on such other further defenses

as may become available in this action and reserve the right to amend its Answer to assert any

such defenses.

JURY DEMAND

Defendant hereby demands a jury trial under Federal Rule of Civil Procedure 38.

PRAYER FOR RELIEF

WHEREFORE, Defendant pray for judgment as follows:

1. Plaintiff take nothing by its complaint;

2. Defendant be awarded its attorneys’ fees, expenses and costs in connection with

this litigation, this being an exceptional case; and

3. Defendant be awarded such further relief as the Court deems just and proper.

DATED this 20th day of November, 2015. RIDDELL WILLIAMS P.S.

By /s/ James E. Breitenbucher Jayson W. Sowers, WSBA #27618 James E. Breitenbucher, WSBA #27670 Attorneys for Defendant Arkon Resources, Inc.

KARISH & BJORGUM, PC

By /s/ Marc Karish Marc Karish (admitted pro hac vice) Attorneys for Defendant Arkon Resources, Inc.



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4851-8202-6027.03 112015/65894.00001


I hereby certify that on date written below, I electronically filed the foregoing document

with the Clerk of the Court using the CM/ECF system, which will send notification of such filing

to all counsel of record.

DATED this 20th day of November, 2015.

s/ James Breitenbucher

James Breitenbucher


Karish & Bjorgum, P.C.119 E . Union Street, Su ite B

Pasadena, California 91103213.785.8070

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COUNTERCLAIMS OF DEFENDANT ARKON RESOURCES, INC. (No. 15-cv-01553-RSL ) - 1

THE HONORABLE ROBERT S. LASNIK

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

AT SEATTLE


Plaintiff,

v.


Defendant.

No. 15-cv-01553-RSL

COUNTERCLAIMS OF ARKON RESOURCES, INC. AGAINST NATIONAL PRODUCTS, INC. DEMAND FOR JURY TRIAL


Counterclaim Plaintiff,

v.

NATIONAL PRODUCTS, INC., Counterclaim Defendant.

Defendant ARKON RESOURCES, INC. (“Defendant”) by and through its attorneys,

Karish & Bjorgum, PC, respectfully submit these Counterclaims in response to the Complaint of

NATIONAL PRODUCTS, INC., as follows:


Karish & Bjorgum, PC119 E . Union Street, Su ite B


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COUNTERCLAIMS

1. Counterclaim Plaintiff Arkon Resources, Inc. (“Arkon”), for its Counterclaims

against Counterclaim Defendant National Products, Inc. (“Counterclaim Defendant”), hereby

alleges as follows:

PARTIES

2. Arkon Resources, Inc. is a corporation organized and existing under the laws of

the state of California, having its principal place of business at 20 La Porte Street, Arcadia,

California 91006.

3. Upon information and belief, Counterclaim Defendant National Products, Inc. is a

corporation organized and existing under the laws of the State of Washington, having its

principal place of business at 8410 Dallas Ave S., Seattle, Washington 98108.


4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a) because it involves claims arising under the Lanham Act, 15 U.S.C.§ 1051, et seq.

5. This Court has personal jurisdiction over Counterclaim Defendant because

Counterclaim Defendant brings this case in Seattle, Washington, has its principal place of

business in Seattle, Washington, has engaged in business activities in and directed to this judicial

district and the State of Washington and has committed the tortious acts complained of in this

judicial district and the State of Washington.

6. Venue in this judicial district is proper under 28 U.S.C. § 1391(b).

COUNT 1 – DAMAGES FOR FRAUDULENT PROCUREMENT OF FEDERAL

TRADEMARK REGISTRATION (15 U.S.C. §1051 et seq.

7. Counterclaimant realleges and incorporates by reference Paragraphs 1 through 6

of these Counterclaims as though fully set forth herein.




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8. NPI obtained federal trademark Registration No. 4,254,086 for its alleged trade

dress on December 4, 2012, which issued on the Principal Register of the United States Patent

and Trademark Office (“USPTO”).

9. On May 22, 2012, NPI, through its President and founder Jeffrey Carnevalli,

stated in a signed declaration to the USPTO made under penalty of perjury that “the shape of its

goods is not functional or essential to the use of the goods, and is not claimed in Applicant’s

patents.”

10. On information and belief, the shape was claimed during prosecution of NPI’s

patents.

11. On information and belief, NPI claimed the shape was functional and claimed in

NPI’s U.S. Patent No. 5,845,885 in allegations against at least one third party.

12. On information and belief, President of NPI Jeffrey Carnevalli knew when he

submitted the May 22, 2012 declaration to the USPTO that the shape was functional, was

previously claimed in Applicant’s patent applications and was alleged as being functional against

at least one third party. Jeffrey Carnevalli materially failed to inform the USPTO of these facts to

avoid refusal of the mark due to the mark being functional. NPI, through Jeffrey Carnevalli,

thereby intended to deceive the USPTO into granting registration.

13. On information and belief, the USPTO reasonably relied on Jeffrey Carnevalli’s

false statements and omissions in granting registration. After NPI’s May 22, 2012 declaration,

the USPTO did not further inquire into the functionality of NPI’s alleged trade dress.

Counterclaimant is informed and believes that had the intentional omission regarding the

functionality of NPI’s trade dress been brought to light, the USPTO would not have granted

registration due to the trade dress being functional.

14. Arkon is now forced to defend this federal action for infringement of a registered

trademark against NPI, which is prosecuting the present action with a fraudulently procured

trademark registration. Arkon has accordingly been damaged by NPI’s misrepresentations and




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omissions. Further, NPI’s assertion of trademark rights in a functional shape that is the subject

of expired U.S. Patent 5,845,885 is causing Arkon to lose sales of products with which it fairly

uses the shape taught in expired U.S. Patent 5,845,885. Thus, NPI is usurping sales, profits and

business for goods using the functional shape of U.S. Patent 5,845,885 by use of its fraudulently

obtained trademark registration. Arkon is accordingly entitled to its damages suffered as a result

of NPI’s fraudulent registration and injunctive relief prohibiting NPI from action which will

deceive the public and cause harm to Arkon.

COUNT II – CANCELLATION OF FEDERAL TRADEMARK

REGISTRATION (15 U.S.C. §1119)

15. Counterclaimant realleges and incorporates by reference Paragraphs 1 to 14 of

these Counterclaims as though fully set forth herein.

16. As alleged hereinabove, Counterdefendant committed fraud on the USPTO in

procuring Registration No. 4,254,086 for its alleged trade dress. The registration should

accordingly be cancelled pursuant to 15 U.S.C. §1064 (3) and 35 U.S.C. §1119.

17. On May 22, 2012, NPI, through its President and founder Jeffrey Carnevalli,

stated in a signed declaration to the USPTO made under penalty of perjury that “the shape of its

goods is not functional or essential to the use of the goods, and is not claimed in Applicant’s

patents.”

18. On information and belief, President of NPI Jeffrey Carnevalli knew when he

submitted the May 22, 2012 declaration to the USPTO that the shape was functional, was

previously claimed in Applicant’s patent applications and was alleged as being functional against

at least one third party. Jeffrey Carnevalli materially omitted to inform the USPTO of these facts

to avoid refusal of the mark due to the mark being functional. NPI, through Jeffrey Carnevalli,

thereby intended to deceive the USPTO into granting registration.

19. NPI’s trade dress shape is material to practicing the invention disclosed and

claimed in expired U.S. Patent No. 5,845,885. If the trade dress registration is permitted to




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remain on the USPTO’s Principal Register, the registration will continue to cause harm to

Counterclaimant as Counterdefendant is using such registration as the basis for the current suit

against Counterclaimant for various Lanham Act and state law violations.

20. On information and belief, Counterdefendant is also using Registration No.

4,254,086 against third parties. If the trade dress registration is permitted to remain on the

USPTO’s Principal Register, the registration will continue to cause harm to those third parties

and consumers who are deprived of a fair marketplace of competition.

PRAYER FOR RELIEF

WHEREFORE, Defendant pray for judgment as follows:

1. Plaintiff take nothing by its complaint;

2. For a judgment that NPI’s Federal Trademark Registration No. 4,254,086 was

procured by means of a false or fraudulent representation.

3. For damages Arkon has sustained, and continues to sustain, as a result of NPI’s

fraudulent procurement of Federal Trademark Registration No. 4,254,086.

4. For an order pursuant to 15 U.S.C. §1119 to the Director of the USPTO to cancel

NPI’s Federal Trademark Registration No. 4,254,086.

5. For an award of Defendant’s attorneys’ fees and costs in connection with this

litigation, this being an exceptional case;

6. For a judgment and order sustaining each of the counterclaims set forth herein against

NPI.

//

//




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7. For any and all other relief as the Court deems just and proper.

Respectfully submitted:

DATED this 13th day of July, 2016.

RIDDELL WILLIAMS P.S.

By /s/ James E. Breitenbucher Jayson W. Sowers, WSBA #27618 James E. Breitenbucher, WSBA #27670 Attorneys for Defendant Arkon Resources, Inc.


By /s/ Marc Karish Marc Karish (SBN 205440) Attorneys for Defendant Arkon Resources, Inc.




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DEMAND FOR JURY TRIAL

Pursuant to Federal Rule of Civil Procedure 38, Arkon hereby demands a jury trial as to

all issues in this lawsuit.

Respectfully submitted:

DATED this 13th day of July, 2016.

RIDDELL WILLIAMS P.S.

By s/ James E. Breitenbucher Jayson W. Sowers, WSBA #27618 James E. Breitenbucher, WSBA #27670 Attorneys for Defendant Arkon Resources, Inc.


By /s/ Marc Karish Marc Karish (SBN 205440) Attorneys for Defendant Arkon Resources, Inc.




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I, Marc Karish, state as follows:

I am over 18 years of age and a citizen of the United States. I am an attorney of the law

firm of Karish & Bjorgum, PC.

On the date noted below I electronically filed the foregoing document titled

COUNTERCLAIMS OF ARKON RESOURCES, INC. AGAINST NATIONAL

PRODUCTS, INC using the CM/ECF system and caused to be delivered true and accurate

copies of the same via the CM/ECF system which will send notification of such filing to:

David K. Tellekson Jeffrey A. Ware Fenwick & West LLP 1191 Second Avenue, 10th Floor Seattle, WA 98101 Email: [email protected] [email protected] Attorneys for Plaintiff National Products, Inc.

I declare under penalty of perjury under the laws of the State of Washington that the

foregoing is true and correct and that this Certificate of Service was executed on this 13th day of

July, 2016, at Pasadena, California.

/s/ Marc Karish


estta tracking number: estta768258 filing date: 09/01/2016

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