tuuci v. fiberbuilt umbrellas

8/12/2019 Tuuci v. Fiberbuilt Umbrellas

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UNITED ST TES DISTRI T OURTSOUTHERN DISTRI T OF FLORID

CASE NO.TUUCI, LLC,

Plaintiff,vs.FIBERBUILT UMBRELLAS, INC.,

Defendant. ; /

OMPL INT FOR P TENT INFRINGEMENTPlaintiff TUUCI, LLC TUUCI ) hereby sues Defendant Fiberbuilt Umbrellas,

Inc. Fiberbuilt ) for patent infringement, and for its Complaint alleges as follows:TH PARTIES

TUUCI is a limited liability company organized and existing under thelaws of the state of Florida with its principal place of business in Miami, Florida.

2 Fiberbuilt is a corporation organized and existing under the laws of theState of Florida, with its principal place of business in Florida and is a competitor ofTUUCI.

JURISDI TION ND VENUE3. This Court has federal question jurisdiction of this action under 28 U.S.C.

1331 and 1338 a) because TUUCI seeks relief under the Patent Act, 35 U S c 27et seq including remedies for infringement of a United States Patent owned by TUUCI.

4 Fiberbuilt is subject to personal jurisdiction in this State under Section48 193 Florida Statutes because Fiberbuilt has transacted and continues to transact


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for which there is no adequate remedy at law - from such unlawful infringing activityunless Fiberbuilt is enjoined by this Court.

10 TUUCI gave Fiberbuilt written notice of the infringement.11 Upon information and belief, Fiberbuilt generated profits based on its

infringement of the TUUCI Patents in an amount to be proven at trial.12 TUUCI was damaged, and continues to be damaged, by Fiberbuilt s

infringement of the 573 Patent and the 416 Patent in an amount to be proven at trial.OUNT I

INFRINGEMENT OF U S PATENT NO 7 293 57313 TUUCI re-alleges and incorporates by reference the allegations set forth in

paragraphs 1-12.14 TUUCI is the owner of all right, title, and interest in the 573 Patent,

entitled Umbrella Frame and Operating System, which was duly and properly issued bythe United States Patent and Trademark Office on November 13 2007. A copy of the 73 Patent is attached hereto as Exhibit A. TUUCI owned the 573 Patent throughoutthe period of Fiberbuilt s infringing acts, and still owns the patent.

15 Fiberbuilt has been and/or is directly infringing and/or inducinginfringement of and/or contributorily infringing the 573 Patent by, among other things,making, using, selling, offering to sell, and/or importing products having a umbrellaframe that embodies the patented invention, without TUUCI s authorization or consent.

OUNT INFRINGEMENT OF U S PATENT NO D478 41616 TUUCI re-alleges and incorporates by reference the allegations set forth in

paragraphs ]- ]2

3


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7 TUUCI is the owner all right, title, and interest in the 416 Patent,entitled Umbrella Canopy, which was duly and properly issued by the United StatesPatent and Trademark Office on August 19, 2003. A copy the 416 Patent is attachedhereto as Exhibit B TUUCI owned the 416 Patent throughout the period Fiberbuilt s infringing acts, and still owns the patent.

8 Fiberbuilt has been and/or is directly infringing and/or inducinginfringement and/or contributorily infringing the 416 Patent by, among other things,making, using, selling, offering to sell, and/or importing products having a design thatembodies the patented invention, without TUUCI s authorization or consent.

PR YER FOR RELIEFWHEREFORE TUUCI prays for the following relief:A That the Court finds Fiberbuilt liable for infringement United States

Patent No. 7,293,573 and United States Design Patent No. D478,416. That the Court awards TUUCI compensatory damages as a result

Fiberbuilt s infringement the TUUCI Patents, together with interest and costs, and inno event less than a reasonable royalty.

C That the Court awards TUUCI the profits generated by Fiberbuilt sinfringement pursuant to 35 U.S.c. 289.

D That the Court finds that Fiberbuilt s infringement the TUUCI Patentshas been willful and deliberate.

E That the Court awards TUUCI treble damages and pre-judgment interestunder 35 U.S.C. 284 as a result Fiberbuilt s willful and deliberate infringement theTUUCI Patents.

F That the Court finds this case IS exceptional and awards TUUCI its


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expenses. costs, and attorney s fees in accordance with 35 U.S.C. 284 and 285 andRule 54 d) of the Federal Rules of Civil Procedure.

G That the Court awards TUUCI its taxable costs, expenses, and pre-judgment and post-judgment interest.

H. That the Court grants a permanent injunction pursuant to 35 U.S.c. 283,enjoining Fiberbuilt from further acts of infringement.

That the Court grants such other and further relief as the Court deems justand proper.

JURY EM N

Pursuant to Rule 38 b) of the Federal Rules of Civil Procedure, TUUCIrespectfully requests a trial by jury on all issues so triable.Dated: June 12 2014 Respectfully submitted,

sf Patrick Gonya rPatrick E Gonya, Jr.Florida Bar [email protected] UnderwoodFlorida Bar [email protected] RODRIGUEZ O KEEFE MILIAN

GONYA LLP1395 Brickell Avenue, Suite 700Miami, Florida 33131Telephone: 305) 372-7474Facsimile: 305) 372-7475

Counsellor Plaint f.fTUUCI

5


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XHI IT


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US007293573B2

(12) United tates atentClarke

10) Patent No.:(45) Date of Patent:

US 7,293,573 *Nov. 13, 2007

(54) UMBRELLA FRAME AND OPERATINGSYSTEM

(75) Inventor: Dougan H. Clarke, Minll1i Beach. FL(US)(73) Assignee: Tuuci Engineuing Design, Inc.,Minmi, FL (US)

035.368 S *760.598 A *

1.328.175 A *D56,043 S *

1.801.913 A *2.336.116 A 2.745.421 A 2.782,795 A

t2/190 I Sparry D9/6565/1904 Wynegar 4031367111920 Martin 35 298 J920 Weinberg el al. 03/54 93 Frederick 35 98

12/1943 Morando 135/305/1956 Russell 135/ 1821957 Small 135/20.3

(Continued)FOREIGN PATENT DOCUMENTS

( Notice: Subject to any disclaimer, the term of thispatent is extended or adjusted under 35U.S.c. 154(b) by 0 days.11lis patent is subject to a tenninal . dis-claimer. . EP 628264 12/1994

(21) AppJ. No.: 10/824,206

US 2004/0255994 Al

(22) Filed:(05)

Apr. 14. 2004Prior Publication Data

Dec. 23, 2004

(Cont inued)Pril UII F x miner Winnie Yip74) AI omey Agen . or Firm Malloy Malloy, 1 1\

An improved. durnble and versatile umbrella frame assembly is provided to more readily endure abusive \veatherconditions and that may be quickly. easily amI inexpensivelyrepaired. In addition, the assembly is also easily modified toaccommodate umbrella canopies of di Il erent sizes andshapes. In addition. an improved umbrella operating systemis provided to permil simplc opening, positioning, andlocking of an umbrella while allowing the fnH1le to freelyrotate about the pole regardless of the degrec to which it isopened, while the pole is held in a stalionary position. Theassembly includes a pair of hub members mounted about apolc member wherein thc main hub member is slidablc upand down the pole. A pulley system with a locking cmnmcmber may be cmployed to allow the umbrelln 10 sali. lyand easily open to any desired position. A locking stabilizeraml may be used to secure the main hub membcr in the fullyopen position.

Related U.S. Application Data(63) Continuation ofnpplication No. 10/008.530, f1led onNov. 13 2001, now Pat. No. 6,889.699, which is ncontinuation-in-part of application No. 09/433,881,flied on Nov. 4. 1999. now Pnl. No. 0.386.214. nnd ncontinuntion-in-part of application No. 09/330,600.f1led on Iun 11 1999. now Pat. No. 6,314.976.(51) Int. CI.A4JR 2J J4 2006.01(52) U.S. CI. 135/20.3: 135/10; 135/28;135/98: 135/43(58) Field of Classification Search 135/20.3.

135/28.3739,43, 9899, 10; 2 79;248/533. 156See application file Illr complete search history.(56) References Cited

U.S. PATENT DOCUMENTS

(57) ABS1R\CT

D25.368 S 4 /[896 Spany 22 Chllms. 1J DI awing Sheets


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US 7 93 573 Page 2

U.S. PATENT DOCUMENTS

cited by examiner

FOREIGN PATENT DOCUMENTSI D 950052 A

\VO 00 76356 AI200 Iii0164

9 99612/20009i2002

6 l 997 Dubunsky 135/33.22/[998 Lin 135/29511998 Samuel. Jr 135/1611/1998 Lee 135125.22/1999 Vandenninden. Sr .. 135/20.16 2000 Vou 35 221/200 I MeJy 135/1611 2 I Clarke5/2002 Clarke5i2005 Clarke

5 640 9 4 A5.715.853 A 5.749,386 A 5.836,328 A 5.871,024 A (,.07(, .540 A 6.173,721 6.314.976 HI6,386.214 HI6,889.699 32

IT\VOZ

i\96 Militano 135/281/1969 Giancarlo 135/281/1983 Lindler el al. 135/15.12/1986 Dubinsky 135/20,3511989 Morgulis 135(165/1989 Sweet. Jr 35 5511990 Apple 35 222/1991 Dubinsky 135/20.36i199 I Apple 135/15.1

12/1992 Chou el al. 135:20.3VI Chen 135/282 l994 Liu8/1994 Apple 248/519

10(1994 Haddad el al. 135/20.13/1995 Lee 135/28

3.177.882 A 3.424.180 A 4,368,749 A 4.567.907 A 4.832.304 A 4.834.126 A 4.928,718 A 4.993.445 A 5.020.557 A 5.174,319 A 5.193.566 :\ 5.284.171 A5.337.989 A 5,355.903 A 5.398,709 A


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US 7,293,573 2

SUMMARY OF THE INVENTIONTh e present invent ion is designed to address these and

other needs which remain in the art and relates primarily toa durable outdoor umbrella frame structured to allow theumbrella to be easily opened and adjusted to various desiredpositions and then reliably maintained in place. Accordingly,and as explained more in detail subsequently herein, thepresent invention includes at least one hub member mountedto an umbrella pole member and slidable betw< Cn the topand bottom ends thereof. In a preferred embodiment. theinvention comprises a pair of hub members. namely, onesecured to the pole member near the top end thereof and amain hub member movably secured about the pole member

45 and slidable therealong to open and close the umbrellacanopy. In addition, the hub members are preferablymounted on the umbrella pole membe r so a s to both berotatable about the pole. and to generally assist in the smoothoperation of the umbre lla frame. In this most preferredembodiment. the hub members arc easily mounted to andcan be easi ly removed from the umbrella pole member It rrepair andlor for replacement, if necessary. Further, the hubmembers ideal ly are of a type stnlctured to include aplurality of slots about the ir radial edges for receiving acombination of hub connectorjoints. A matching number ofribs and struts are pivota lly secured to each hub by thesejoin ts , and the s tmts are pivota lly secu red to the ribs bycollar members as shown in at least one illustrated embodiment. The hub connector joints and the collar members arceasily mounted and replaced, and also assist in the smoothoperation of the umbrella frame. Additionally. the collarmembers maintain a low profile so as to avoid contact ingand thereby potentially damaging a mounted canopy.

The present invention also provides a versatile umbrellaoperating system which allows an umbrella to be salely andeasily Opelll. d to almos t any degree, eas ily rotated. andsecurely stabilized. As such, the present invention includes

umbrella frames show the stmCl11re of the invention recitedsubsequently herein nor the ~ n e n t s or ndvantages tbereby.In addit ion to the t()regoing. many have tried to simplifyilnd improve the operational feal11res of the umbrelln as wellas to add structural stabili ty to the typical umbrella. However. many such efforts have required the use of a crank toopen and close the umbrella or require placing one s hand ina compromising position in order to lock and unlock theumbrella from its open position, Such action is ollen trouble-to some and inconvenient, and can result in injury.Accordingly, there remains a need in the art for a durableoutdoor umbrella having a frame which is stmctured toallow the umbre lla to be easily opened, and adjusted tovarious desirable positions an d then simply locked or oth-

15 erwise maintained in place. Preferably. any such umbrellaframe will be structured to withstand high winds and otherabusive weather, nnd in addition. to be quickly, easily andinexpensively repairl. d when that becomes necessary. 1f anysuch umbrella were developed it would preferably include

2 1 an operating system for allowing the umbrella canopy torotate relat ive to a central pole member or other umbrellapole. Further, if any such umbrella were developed, it wouldpreferably also be easily modified to accommodate canopiesof diJferent sizes and shapes. Finally, if any such umbrella

25 were developed it wouldprelerably also include n stabilizingsystem for improving support of the umbrella and providingsaleI , more effl. Ctive way to lock and unlock the umbrellain its fully extendl. d position or other open or even closedposition.

CLAIM OF PRIORITY

BACKGROUND OF THE INVENTION

1UM RELL FR ME ND OPlm TING

SYSTEM

This is a continuing patcnt applicat ion based on a U.S.pate11l application having SCI . No. 10/008,536, which wasfiled on Nov. 13, 2001 now U.S. Pat. No. 6,889,699 andwhich is a continuation-in-part patent application of a priorf11ed U.S. patent application. namely. Ser. No. 09/330.600which was filed on Jun. I I , 1999 and which matured intoU.S. Pat. No. 6,314.976 on Nov. 13. 2001, and also ofanother prior-liled U.S. patent application. namely, ScI . No.09/433,881 which was filed on Nov. 4, 1999 and whichmatured into U.S. Pat. No. 6 .386,214 BI on May 14,2002.all of which arc incorporated herein in their entirety, byreference.

1. Field of the Inventionnlis invention relates generally to umbrellas, and more

particula rly, to a durable and versatile umbre lla framedesignl. d to more readily endure abusive weather conditions.The present invent ion also relates more speci fically to anumbrella operating system having improved stabilizationqualities and customization features.2. Description of the Related ArtOutdoor umbrellas arc employed to shield people fromthe sun, wind, rain, and other elements of nanlre. As such, 30they are intentionally designed to withstand these elements.Nevertheless. damage to the framework of an umbrella canand does occur for many reasons, particularly to umbrellaslocated in geographical areas of severe and unexpectedweather, as well as umbrellas which have been improperly 35assembled andlor installed. Many prior art umbrellas sufferthe disadvantages of not being able to withstand gusts ofwind and other harsh weather as well as not being capableof simple repair when damage does occur. For example, anumbrella having static wire, r igid line and an unbalanced 4 1const ruct ion at the rib and strut pivot point will wear andoften breakwhen extreme forces are applied overtime. Oncean umbrella is damaged, it is otten more expensive, t imeconsuming and diflicult to repair the umbrella than to justhave it replaced.For umbrellas having individual pivotal connect ionsbetwl. Cn the upper rib and lower stnll assemblies. theunbalanced nature I the movement at the pivot point inrelation to the upper and lower central hubs causes unnecessary wear on the pivot junction as well as to the static wire or rigid line which connects the canopy rib assembly to thecentral hub. This wear is undesirable and is aggravated overtime by the stresses of both man and nature.

For umbrellas having individual pivotal connect ionsbetween the upper rib and lower stnn assemblies by means 55of a vertically configured bracket individually, the existingbracke ts protrude over the top of the canopy assemblyproviding a point of friction between the fabric ofthe canopyand the rigid protrusion of the pivot brackets. nlis createsexcessive wear on a fabric canopy and often creates holes in 60the fabric canopy.

Various umbrella frames are described, ft r example, inthe following U.S. Pal. No.: D25,368 to Sparry: U.S. Pal.No. D56.043 to Weinberg et a .: U.S. Pat. No. 2.336.116 toMorando: U.S. Pal. No.3, 177,882 to Militano: U.S. Pal. No. 654,368,749 to Lindleret a .: U.S. Pat. No. 4,834,126 to Sweet,Jr.: and U.S. Pat. No. 5,715,853 to Lin. None of these


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US 7,293,573 B23 4

DETAILED DESCRIPTION OF THEPREFERRED EMBODIMENTAs shown throughout the var ious Figures, the present

invention relates to an improved umbrella frame and operating assembly.

With initial reference to FIGS. through 8, an improved35 umbrella frame assembly, generally indicated by referencenumeral ]0 according to the prcsent invention will now bcdescribed. The umbrella frame assembly 10 is intended for

use in easily and quickly suppotiing a variety of shapes andsizes of nmbrella canopies, and is structured to be bothdurable and we


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US 7,293,573 B25

base portion 22 is more comfortably stmctured to allow forsimple hand manipulation of the hub m em be r 18 up anddown the pole membel 12.As s ho wn in FIG. 2. an upper or second


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US 7,293,573 827

port ion 98 on opposite sides of the divider wnll 94. Theupper portion 100ofthe eollar member outer wnlls 92 whichdefine the channel portion 96 includes outwardly divergings ide edges 102 nnd a substantinlly na t top edge 104. Thechannel portion 96 mny have n substantially rounded channel portion interior surface 106 adapted for receiving the ribmemhers 70. When the rih memhers 70 nre in a suhstantiallydiffcrcnt shape. the channel port ion 96 may be adapted tomatch that shape. As shown in FIG. 3. the channel portioninterior surface 106 extends nround over one half the circumlercnce of the rib member 70. Also, as shown in FIG. 3.the rih members 70 may he secured within the collarmemher channel por tion 96 by a screw 91 and nut 93. Thesuhs tan tia lly nat top edge 104 of t he col la r member 90avoids contact with the umbrella canopy 2 which is positioned over thc rib mcmbers 70 and thcrcby helps prolongthe life of the canopy employed. 111e stmt memhers 80 arepivotally secured to the slot portion 98 of the collar member90 by a screw 91 and nut 93, as shown in FIG. 3. Also. asshown in FIG. 3, a substantially cylindrical sleeve member110 may he employed bel\veen the collar member 90 and therib member 70 to reinft)f(:e the support providt. d by thc stnnmcmber 80 to the rib mcmher70. In one embodiment of theinvcntion, the sleeve mcmber I I II is made of aluminum.

As discussed morc fully later hercin with reference toFIGS. 9 through 16. a lthough the main hub memhcr 18 ismovably and axial ly attached to the polc membcr 12, suchas but not l imitcd to via central cavity 20 and. thcrefore. frceto both rotate about and slidc along it. the main hub membcr18 may he maintained in a vertical posit ion along the lengthof the pole member 12 in scveral ways. Forexample, and asshown in FIG. L one way utilizes a rctaining pin H2a ttachcd to the main huh member 18 which can be placedwithina retaining pin slot 114 inthe polc mcmber 12 inorderto maintain the vertical position of the main hub member 18along the pole mcmber 12. As shown in FIG. 1, thc retainingpin 112 Cl m be maintained around thc waist portion 28 of themain huh mcmber by a looped line 116 which a ll ows themain hub member 18 to rotate without binding the loopedline 116. Thus, the retaining pin 112 is secured to the mainhub member 18 in such a manner so as to allow the freerotation of the hub members 18. 30 about the longitudinalaxis ofthc pole mcmbcr evcn while the pin 112 is inplacewithin the pin rctaining slot 114. thercby maintaining thevertical position of the main hub member 18 along the polemember 12. The main hub mcmher 18 may also bc formedof two pieces and may employ ball or roller bearings or thel ike to allow the two pieces to move independcnt ly of oneanother in a lateral direction. while sti ll moving as a singleunit up and down the pole member 12. Such an arrangementallows the retaining pin 1I2to remain within its slot 114 andthereby mainta in the main hub mcmber 18 in the upper.frame extended, vertical position whilc allowing the remaining components of the umbrella frame assembly 10 to befrecly rotated about the longinldinal axis of the pole member12.

In operation, any desired number and size of rib mcmbers70 and strut mcmbers 80 may be employed, depending onthe particular size and shape of thc umbrclla canopy to bea 1ached. Because the hub connector joints 52 and col larmember 90 are so easily installed, many difierent configurations of the canopy can be achieved with litt le eHart byeither increasing or decreasing the number of hub connt. Ctorjoints 52 present on the hub members 18 30 For example,as shown in FIGS. 4 through 8 , It1ur rib members 70 areemployed fbr the square shaped canopy 122 (FIG. 4), eightrib members 70 are employed It1r the octagonal shaped

8canopy 124 (FIG. 5), three rib mcmbers 70 are employed liJrthe triangular shaped canopy 126 (FIG. 6). six rib members70 are employt. 1 for thc rectangular shaped canopy 128(FIG. 7) and five rib membe rs 70 are employed for thesemi-octagonal shaped canopy 130 (FIG. 8). 111e number ofrib members 70 to be employed detenll ines the number ofstnlt members 80, hub conm. Ctor jo ints 52, and colla rmembers 90 to be employed. For examplc, with four ribmembers 70, four strut members 80. eight hub connector

1(1 joints 52 nd fl ur collar CJllbers 90 nrc enlploycd r: orprope r operation. the hub connector joints 52 must besecured within corre sponding slots 42 in the main hubmembcr 18 and the sccondary hub member 30. Other

t5 g\. (lllletrical shapes and sizes of canopies may also becmployed using the frame assemhly of the present invention.Canopies of varying shapes and sizes are attached to the

umbrella frame by unscrewing the I1nial or end cap 40 fromthe top end 14 of the pole member 12 and removing the

20 secur ing nut 17. 111e canopy opening is placed over thethreaded bolt 15 and the canopy cuns are placed nround theoutcr ends of the rib members 70. The secur ing nut 17 andend cap 40 are then placed back onto the threaded bolt 15.In one embodiment of the invention. the canopy members

25 are SUNBRELLA IO ) solution-dyed acrylic canopies orany other shade-like or non-shadc like material.

When the frame is in the retracted posit ion, as shown inphantom in FIGS. I 9. and II the main hub member 18 is

30 near the middle or even bottom end 16 of the pole memher12, dependent on its overall length. As the main hub member18 is lifted up thc pole member 12, the strut members 80extend outwardly, thcreby expanding the rib members 70and opening the attached canopy 21. As the strut members

35 80 pass the point where they extend perpendicularly fromthe pole mcmber 12, the strut members 80 may be lockedinto place. such as against a hub stop member 120 securedto the pole member12. as shown in solid lines in FIG. I There taining pin 112, described above, can then be placcd

40 within the pin retaining slot 114 formed on the pole member12. and the hub membcr 18 may then be returned downwardly to rest against the pin 112. In this posit ion, as shownin the dashed lines in FIG. I. thc strut members 80 extendin a substantially perpendicular fashion from thc pole mcm-

4 ; ber 12 to provide substantial support to the rib members 70.The hub connector joints 52 and the col lar members 90are also considered to be important inventive steps forwardwhich signil1cantly improve the stmctural and long ternlinteglity of the improved umbrella frame asscmbly 10. First,

50 the upper portion 100 of the collar member walls 92 remainbelow the height of the rib members 70; thus. the colla rmembers 90 avoid contacting the canopy 21 during operation of the umbrella frame assembly 10. Such contact couldsignil1eantly damagc the fabric of the canopy 21. Secondly,55 the collar members 90 and the hub connectorjoints 52 helpmaintain the rib members 70 1ll1d the strut members 80 in

perlect alignment so that the two independcnt hubs 18, 30act in concert throughout the continual opening and closingof the umbre lla frame assembly 10. The upper channel

60 p0l1ions 96 of the collar members 90 cradle the rib members70 and the slot pOJ1ions 98 of thc collar members 90 as wellas the hub connectorjoint apertures 60 straddle their respective cnds of the rib members 70 and strut members 80 andallow ease of pivotal motion. Due to the interchangeableand

65 easily replaceable nature of the hub connector joints 52 andcollar members 90, a broken umbrclla frame assembly 10may be repnired quickly. easily and with minimal cost to the


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US 7 293 573 82

112 beneath the main hub member 18. The illustrated pulleysystem 130 of the p re se nt i nv en tio n a ll ow s t he r emo telocking of th e main hub m em be r 1 8 in a vertical positionalong the pole member 12 while pennilling the rotation ofthe entire umbrella thune assembly 10 including the mainhub member 18 and the secondary hub member 30. and theassociated rib members 70. stnn members 80 pulley system130. and umbrella canopy 21 allached thereto about thelongitudinal axis of the pole member 12.In the embodiment of the invention as shown in FIG. 14.the pulley system 130 includes a line member 132 having afirst end 134 secured to a b ra ck et m em be r 1 36 wh ich issecured to the top surface 25 of the m ai n h ub m em be r 1 8.The line member 132 maybe a length of rope. for example.

15 In this emhodiment. a pulley member 138 is sc. Cllfed to thebottom surfl1ce 23 of Ihe s ec on da ry hub m em be r 30 and acam clent memher 140 is secured to an exteriorly exposedsurface of the b lse portion 22 of the main hub member 18.The pulley member 138 may be a typical pulley having agrooved wheel 180 rotatably mounted to a collar member182 wh er ei n t he c ol la r m em be r is movably secured to abracket member 184. The pulley system 130 of the presentinvention allows the o per ato r to op en and maintain t heumbrella in any desired position along the pole member 12without any additional locks. pins. or l ev er s by si mp lypulling the line 132 through the automatic lockingcam cleatm0mberl40.As shown in FIG. 14. the cam cleat member 140 includesa pair of cams 141 each having a toothed side edge 142 anda retaining bracket portion 144. The pair of eams 141 arcpivotally mounted to the exteriorly exposed surface of thebase portion 22 of the main hub member .18 and the retainingbracket 144 is mounted to the pair of cams 141. In a restedposition. as shown in FIG. 14. the toothed side edges 142 ofthe pair of cams 141 face one another. In tllis embodimentthe line member 132 extends from the bracket member 136through the pulley memher 138 and down through the pairof cams 141. A handle may be secured to the second end ofth e line m em be r 1 32 to p ro mo te e as e of operation.Using the pulley system 130 when the umbrella is in itsclosed position with the main hub member 18 near thebottom end 16 of the pole member 12 the user can pull theline m em be r h an dl e wh er eb y the lin e m em be r 132 will bepulled through the pulley member 138 and the toothed sideedges 142. nlis will cause the pair of cams 14.1 to pivot suchthat the line member 132 will continue to be pulkd againstthe c am s sm oo th o ut er s ur fac es 145. T hi s will pull t hebraeketmember 136 and main hub member 18 upward so Sto open the umbrella. When the user stops pulling the linemember 132 the cams 141 will reverse pivot and the toothedside edges 142 will engageand prohibit the movement oftheline member 132 in either direction. TIle main huh memher18 will thereby be maintained in a vertical position along thepole member 12 while pemlilting rotation of the main hubmember 18 and the secondary hub member 30. and theassociated rib memhers 70 stmt members 80. pulley system130. and umbrella canopy 21 attached thereto. about thelongitudinal axis of th e p ole m em be r 1 2. In this way. theumbrella can b e quickly a nd easily o pened to and main-

60 tained at any desired position without theuse of a hand crankor the retaining pin 112 placed below the main hub member18. W hen th e u mb re ll a is desired to be closed the linemember D2 can be pulled outside o f the grip of the toothedsi de e dg es 1 42 a nd r eleased. Th e retaining bracket 144maintains the line member 132 in alignment with the toothedsi de e dg es 142 s uc h that the u ser c an ea sil y r e- en ga ge th eline m em be r 132 wi th th e to oth ed sid e e dg es 1 42 so as to

consumer. Different textures and colors of the hub members18.30 the hub connectorjoints 52. and the collar members90 are also available.As noted previously herein the umbrella frame assembly10 may also be easily rotated about the longitudinal axis ofthe pole member 12 such as by lo ose ni ng the finial o r endeap 40 and the sL Curing nut 17 from the pole member top end14. at which point the hub members 18 30 are relatively freeto mtate in tandem. such as may he caused by light or stmngwind. The umbrella frame assembly 10 may also employ a lilpulley system. described more in detail below such as thatshown in FIG. 9 at relerence numeral 130. to allow the userto pull the pulley cord 132 to initiate the raising of the mainhub member 18 and thereby the opening the umbrella frameassembly 10.With reference now to FIGS. 9 through 16. the improvedoperating system lor Ihe lIlnbrella frame assembly generallyindicated by reference numeral 10 . of the present inventionwill no w b e d esc ri bed . w hi ch is advantagL t1l1sly used instabilizing an umbrella and in easily and quickly opening 20closing and mtating an umbrella. As mentioned previouslyherein the main hub m em be r 18 may b e maintained in avertical position along the pole member 12 in several ways.As an example FIG. 9 illustrates the invention utilizing theretaining pin 112 allachL-tl to the main hub member 18 which 25c an be p la ce d wi th in the r eta in in g pin s lo t 114 in the polemember 12 in order to maintain tlw VL rtical position of themain hub member 18 along the pole member 12 whilepermitting the rotation of the main hub member18 about thelongitudinal axis of the pole member 12. Alternatively. the 30mean s for maintaining the main hub m em ber 18 in thev ert ic al p osi ti on a lo ng th e p ol e m em be r 12 may in cl ud e astabilizer arm 150. as shown in FIGS. 10 and 11 or a pulleysystem such as but not limited to that d es ig nat ed byreference numeral 130 and shown in FIGS. 9 and 11 an d i n 35det ail in FIGS. 13 t hro ug h 1 6.As shown in FIG. 10. th e mai n 1mb member 18 may b emaintained in a vertical position about the pole member 12using a stabilizer aml ISO. The stabilizer an n ISO is securedat a first end 152 to a s tm t mem ber 80 by a co llar m em be r 40154 similar to collar member 90. n le second end 155 of thestabilizer an n 150 is provided with a securing member 156for operably coupling the second end 155 to the polemember 12. In one embodiment of the invention securingmember 156 is a s et scr ew for inser tio n into a s ta hi li ze r 45opening 13 o n t he p ol e m em he r 12. T he se cu ri ng m em be r156 may also be a pinchable clamp member or othercomponent capable of simple insertion and removal from thestabilizer opening 13. T he se co nd e nd 1 55 of the stabilizeran n .150 is also provided with a locking strap member 158 50wh ich can be positioned around the pole m emb er 12 andlocked together such as by using a snap 159 for addedsupport and to ensure that securing member 156 does notunintentionally slip out of position from within the stabilizeropening D . Using the stabilizer an n 150. the umbrella main 55hub member 18 can be lifted and lowered without having touse a crank member or a retaining pin 112 at a location highup on the pole member 12. This facilitates the overall easeof use of the umbrella in quickly opening securing andclosing the umbrella frame assembly 10 .As s ho wn g en er al ly in FIGS. 9 and 11 an d in d eta il inFIGS. 13 th ro ug h 16. the m ain hub m em be r 18 may also b emoved up and d own the pole member 12 using a pulleysystem such as h ut not limited to. that which will bedescribed with regard to reference numeral 130. A pulley 65system allows for an elTortless lift of the main hub member18and eliminates the need for a crank lift orthe retaining pin


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US 7,293,573 11

What is cl ai med is: An umbrella frame comprising:a a pole member having a longitmlinal axis, a bottom endand a top end;b a ma in h ub member movably secured about said pole

member and capable of sliding between said bottomend and said top e nd of sai d pol e member. sai d mai nhub member also capable of rowting about said longitudinal axis of said pole member,

c a secondary hub member secured to sai d pol e memberncar sai d top end of said pole member, said secondaryhub membercapable of rotating about said longitudinalaxis of said pole member.

e1 a plurality of rib members pivotally secured to saidsecondary hub member.

e a plurality of st nn members eaeh having an inner endand an oule r end, said inner ends be ing pivotallyse cured to said ma in hub m embe r. said o ute r end of

is hingedl y secured to t he base 126 such that, when the polemember 12 is removed. the plate member 124 can cover t hebase opening 131 so a s to prevent rain, trash. 1t. Ct and hands.and other li ke clement s Irom fall ing i nt o t he base opening.131. Tn one embodiment of the invention. the pin membL r122 is a sci screw. In a further embodiment of the i n v t ~ n t i o nthe pin m em be r 122 c an be a pinchnble clamp memberinsertable and removable from the pole opening by pinehingthe sides together. A strap member 129 may also be attachedto the plate member 124 and secured about the pole member12 for added support. In one embodiment, as shown in FIG.1.2, t he strap member i ncludes a snapping l ock mechani sm137.The rigidity and density of all the components described

herei n can be t empered for a desired flexibil it y as needed.For example, the pole member 12, rib members 70. and stmtmembers 80 may be comprised of metal, wood or fiberglassbut t he ir c on st mc ti on w ou ld not be lim ite d to t he se rigidcompositions. 111e nature of thermoplastic constmction withm at er ia ls lik e A BS . D EL RI N. P OL YP RO PO LY NE andother ACEIALS all ow for a degree of flexibility in the hubsconnect or j oi nt s 52. col lar members 90. pulley members138. and ca m c le at me mbe rs 140 of the umbrella frame.Be ca us e these plastic s ha ve a d eg re e of flexibility. thee ne rgy tha t n on na ll y w ou ld be a bs or be d by a c om ple te lystatic frame umbrella is distrihuted through all of the plasticcomponents of the umbrella in heavy wind condi ti ons orothe r ha rs h w ea the r, and thus. u se of s uc h m at eri als ispreferabl e as it shoul d great ly i ncrease t he l ife of the staticframe of an out door umbrell a. whi ch is general ly the morecostly portion of an umbrella unit.T he i nv en tio n m ay b e e mb od ie d in o th er s pe cifi c f onn swithout departing from the spirit or essential characteristicsthereof. 111e present embodiments are t herefore t o be con-

35 sidered in all respects as illustrative and not restrictive, thescope of t he i nv en ti on b ei ng in di ca te d by th e a ppe nd cdc laim s ra the r than by the fore going des cription. and allchanges which c om e within the mea ning and range ofequivalency of t he c la im s a re t he re fo re in te nde d to beembraced therein.

S in ce m an y m od if lc ati on s. va ri at io ns a nd c ha ngt s indetail can be made to the described preferred embodiment ofthe invention, it is intended that all matters in the foregoingdescription and shown in the accompanying drawi ngs beinterpretL {1 as i ll ustrat ive and not i n a l imit ing sense. Thus.the s co pe of th e inve ntion s hou ld be d ete nn in ed by t heappended claims and their legal equivalents.

Now that the i nventi on has been described,

lock th e li ne m em be r 132 at the desirtxl vertical position.Only the intentional removal of t he l ine member 132 fromt he t oothed side edges 142 with a del ibernt e sideways andupwa rd m ove me nt will nllow the umbre lla to close . T heto oth ed s id e e dg es 142 t hus prevent s any uni nt enti onalclosing of the um br el la from w in d gu sts o r o th er o ut si deforces.As shown i n FIG. 14. the pulley system 130 of the presenti nventi on may i nclude a singl e pul ley member, such as butno t li mi te d to, p ull ey m em be r 1 38 s ec ur ed to the bot1om tosurface 23 of t he secondary hub member 30 a nd a b ra ck etmember 136 w hi ch may be s ec ur ed to t he top s ur fh ce 25 ofth e ma in hub m em be r 18. 111e pulley system 130 of thepresent invention may also include first and second pulleymembers 138 secnred to t he secondary hub member 30. as 5shown in FIG. 13. In this nrrangemenl. the line member 132extends fi om t he bracket memher 136 t hmugh a first pul leym em be r 138 on the s ec on da ry hnb m em be r 30. t hrough apulley member 138 o n th e m ai n hub m em be r 18. through asecond pulley memher 138 on the secondary hub memher 30 20and down through the cam clea t m em be r 140. Such anarrangement provides a mechanical ndvnntage in balanceand l ifti ng power to t he device. In one embodiment of thisarrangement, the first and second pulley members 138 of thes .. Condnry hub member 30 are spnccd substnntially radinlly 25equidistant from the axis of the secondary hub member 30.Other variations on th e n um be r of p ul le y m em be rs 138e mp lo ye d on e ac h h ub m em be r 18. 30 m ay be u se d. S in cethe hub members 18, 30 nre rotatabk about the longitudinalnxis of the pole member 12, when the nut 17 is loosened, and 30the pulley system 130 secured to t he hub members 18. 30.this arrangement provides the umbrella of the present invention with the ultimate in versatility. as the umbrella may be

o p t ~ n e d r ota ted , a nd m ai nta ine d in nny d es ir ed p os itio ncompletely free of impediments.As shown in FIG. 13, the line member 132 extendsdownwardly from the pulley member 138 so as to besubstantially coplanar with a main hub member slot wall 44.

Thi s keeps thel i ne member 132 free from contact wit h a hubconnectorjoint 52 which could bind and cause unnecessary 40wear on t he li ne member 132.Al so. as shown in FIG. 13. theline m em be r 132 may be retaine d o n a hook m em be r 190s .. Cured to the exteriorly exposed surface of the base portion22 of the ma in hub m em be r 18.As shown in FIGS. 15 and 16, the secondary hub pulley 45members 138 may optionally be secured directly to the polem em be r 12 by bracket members 136 which c an e xt en dsubstantially perpendicularly from the pole member 12. forexample. In t hi s embodiment. t he hub members 18, 30 areprohi bi ted from li eel y rot at ing about t he pol e member 12 50because they are interconnected to t he pul ley system 130.whi ch is at least parti al ly secured to t he pol e member 12 bybracket members 136.As shown in FIGS. 10 and .12, th e p ol e m em be r 12 mayb e s ta bi li ze d at i ts b ot to m e nd 16 of th e p ol e m em be r 12llsing. a support assembly 120. The support assembl y 120in cl ud es a b as e 126 h av in g a p la te m em be r 124 securedt he re to by a hi ng e m em be r 123. wherein t he plate member124 ha s a p in m em be r 122 extending from its inside surface125. The pi n member 122 is receivable by an opening on the 60bottom end 16 orthe pole member .12. -1l1e base 126 includesa substantially cylindrical tube portion 127 extending fromits bottom s u r f ~ l e .128 and a base op enin g 131 extendingt hr ou gh th e t ub e 1 27 l or r .. Ceiving t he pol e member 12. Inone embodiment of the inve ntion, the pole m em be r 12 is 65p ro vi de d w it h a p ai r of axial slots 133 for m atin g with asecuring rod 135 within the tube 127.The plate member 124


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US 7,293,573 813

linc member cooperatively engages said cam cleat as itextends downwardly lI om said at least one pulleymember.5. n1C umbrella frame of claim 4 wherein sai d cam cleatm em be r h as a r es te d p os itio n a nd in clu de s a p ai r of camspivotally secured to said exteriorly exposed surface of said

mai n hub member. sai d pai r of cams each having a t oothedside edge, said toothed side edgcs facing one another in saidrested position of sai d cam cleal member.6. 111e umbrella frame of claim 5 whercin sai d cam cleatmember further includcs a retaining bracket securcd to each

of said pair of cams.7. An umbrella frame comprising:a a pole member having an elongated configuration anda longitudinal axis:b a hub a ss embly in cluding a m ain hub m em be r and as ec ond ar y hub m em be r both c onne cte d to said p ole

meniber, said main hub m ember movable along alength of sai d pole member rel at ive to sai d secondaryhub member,c a canopy support assembly movably connected to saidhub assembly and sclectively disposable between open

and closed positions.d a pul ley assembl y and a singl e l ine member movablyconnect ed t hereto, said pul ley assembl y and sai d l inemember operati vely disposed rel at ive to said hubasscmbly to regulate movement of said canopy supportassembly between said open and closed positions, and

e at least o ne c am cleat co ope ra tive ly dis pose d andstmct ured wit h sai d l ine mcmber to mai nt ai n sai d hubassembly in a predelennincd position while pel1uiningrotation of sai d mai n hub member about said longitl1-dinal axis of said pole membcr.

8. An um br ell a fra me a s r cc ite d in claim 7 whcrein said predetermined position of s ai d h ub a ss em bl y is at leastparti al ly defined by a sel ected spaci ng bet ween sai d mai nh ub m em be r and s ai d s ec on da ry h ub m em be r a lo ng sa idpolc member,

9 . An u mb re ll a f ra me a s r ec it ed in claim 8 wherein sai d40 predcterminL d position of s aid h ub a ss em bl y is at le ast

partially defined by mounting of s ai d m ain h ub m em be r ina sel ected verti cal posit ion along sai d pol e member.10. An umbrell a frame as recit ed i n claim 7 wherein sai dpredetermined position of s aid h ub a ss cm bl y is al leastpartially defined by mounting of s ai d m ain h ub m em be r ina sel ected verti cal posit ion along sai d pol e mcmber,11. An umbrell a frame as recit ed i n claim 7 wherein sai dcam cleat is cOlU1ected to said main hub member andmovable therewith relative to said pole member.12. An umbrell a frame as recit ed in claim 7 wherein sai dsingle line memher is removably cOlUlccted to said cam cleatand disposable into and out ora fixed engagement therewith.13. An umbrell a frame as recit ed i n claim 7 wherein sai d

55 singl e l ine member is sel ecti vely disposed i nt o a movablecngagement or a fixed engagement wit h sai d cam cleat .

14. An umbrell a frame as recit ed in claim 7 wherein sai dc am c le at c om pr is es at le ast t wo m ov ab ly m ou nt ed c am sdisposable between a rested position and a grippingposition.

15. An umbrella frame as recited in claim 14 whcrein saidgripping position is at least partially definL d by sai d singl eline member disposed in a fixed engagcment bet ween sai dtwo cams,

Hi. An umbrella frame as recited in claim wherein said65 single line member is removably connccted to saidcam cleatand disposable into and out of sai d fixed engagement

therewith.

each of said stmt members being pivotally secured to arespective one of sai d rib members. andt a c am cleat m em be r for m ainta ining said ma in hubmember in a p os iti on a lo ng s ai d p ol e m em be r w hi lepermitting rotation of said mnin hub membernbout saidlongitudinn] axis of said pole member.

2. An umbrelln frame comprising:a a pole member havinga longitudinal axis. a bottom endand a top end,b snid pole member including n bolt extending from said 10t op end.c a secondary hub m embe r supported on said polemember ncar sai d t op end t hereof, sai d secondary hubmemher i ncludi ng a central cavit y. sai d central cavit yhaving a first diamet er sized to recei ve at l east sai d t op isend of s aid p ol e m em be r th ere in a nd h av in g a s ec on ddiameter sized to receive said bolt therein such that saidsecondary hub member is cnpable of rotating about saidlongitudinal axis of said pole member.d a m ain hub m em be r m ov ab ly s ecu re d a bo ut sa id p ol e 2nmember and capable of sli di ng bet ween sai d bot tomend and said top end of sai d pol e member and furthercapable of rotating about said longitudinal axis of saidpole member.e a plurality of rih m em be rs p iv ota lly s ec ur ed to s ai d secondary hub member.

1 n plurality of s tm t m em be rs e ac h h av in g a n i nn er e ndnnd an outer end. said inner ends being pivotallyse cure d to said main hub memher, said o ute r end ofeach of said stnllmcmbcrs being pivotally securcd to a }respcctivc onc of sai d rib mcmbers. nndg mcans for maintaining said main hub mc mbcr inpos ition a long said polc m em bc r wh il e p en ni tt in grotation of sai d mai n hub member about sai d l ongi tu-dinal axis of said polc mcmber.

3. Thc umbrella framc of claim 2 whcrcin said means torm ai nt ai ni ng s aid m ai n hub m em be r in sai d posit ion com-prise a stabilizer ann having first and second ends. said firste nd bc in g s ec ur ed to o nc of sa id s tm t m cm bc rs and s aidsecond end bci ng operabl y coupl ed to sai d pol e member.

4. An umbrella frame, comprising:a a pole member having a longitl1dinal axis and a top cnda nd a b ott om e nd .

b a mai n hub mcmbcr secured about sai d pol e member.sai d mai n hub member capable of sliding betwccn said 45b ot to m e nd a nd s aid top c nd ,c a secondary hub membcr securcd to sai d pol e membern ea r s aid top e nd of said pole member,d means 11 1 supporting a canopy member.e at le ast o nc p ull ey m em be r t or ra is in g a nd l ow er in g 50s ai d m ai n hub m em bc r a lo ng s ai d p ol e m em be r,

t a cam cleat me mber 11 1 mai nt ai ni ng sai d mai n hubmember in a p os itio n a lo ng s ai d p ol e m cm be r w hi lepennilting rotation of said main hub member about saidlongitudinal axis of said pole member.g s ai d m ain h ub m em he r i nc lu din g a b ra ck et m em be rsecured t hereto sai d mai n hub member,

h said at least one pulley me mb cr secured to saidsecondary hub member.i a s ingle line m em be r ha vin g a first e nd and a s ec ond 60end, sai d first end bei ng secured to sai d bracket mem-

ber. sai d singl e l ine member cooperati vely engagi ngsa id at le as t o ne p ul le y m em be r a nd e xt en di ng d ow n-w ar dl y from s ai d at le as t o ne p ull ey m em be r t ow ar dssai d bot tom end of sai d pol e member. and

j said cam cleat member secured to an exteriorly exposedsurface of sai d mai n hub membcr, wherein sai d singl e


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US 7 293 573 5

17 An umbrella frame as recited in claim] 6 wherein saidcam cleat further comprises a retaining bracket disposed andstructured to retain said single line member in a predeter-mined relation to said two cams18 An umbrella frame as recited in claim 5wherein saidpredetermined position of said hub assembly is at leastpartially def1ned by maintaining said main hub member in aselected vertical position along said pole member

9 An umbrella frame as recited in claim 5wherein eachof said two cams comprises a toothed surface; said gripping posit ion further defined by said toothed surfaces concur-rently disposed in engaging relation with said single linemember

2 An umbrella frame as recited in claim]9 wherein eachof said two cam members comprises a smooth surface said 5smooth surfaces disposable in engaging relation with said

6single line member and being stmctured to facil itate move-ment of said single line member be tween said two cammembers

2 An umbrella frame as recited in claim 7 wherein saidcanopy support assembly comprises a plurality of rib mem-bers and a plurali ty of strut members said plurality of ribmembers pivotally secured to said secondary hub memberand each of said plurality of stnH members movably inter-cOI111l Cted between said main hub member and a corre-sponding one of said plurality of rib members22 An umbrella frame as recited in claim 2 wherein saidplurality of stnlt members are movable with said main hubmember relative to said pole member between said open andclosed positions of said canopy support assembly


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XHI IT


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USOOD478416S

(12) United States esign atent (10) Patent No :Clarke (45) Date of Patent: US D478,416 S Aug. 19, 2003(54) UMBRELlA CANOPY (57) ClAIM(75) Inventor: Dougan H Clarke, Miami Beach, FI.(US)

The ornamental designs for an umbrella canopy, as shownand described.

cited by examiner

(73) A'isignee: Tuud Engineering & Design, Inc.,Miami, FL (US)

(56) References CitedU.S. PATENT DOCUMENTS

Primary Examiner-Louis S. ZarfasAssistant Examiner--Robert A Delehanty74 A/lorney, Agent. or Firm-Malloy Malloy, P A

DESCRIPTION

1 Claim, 6 Dt'awing Sheets

FIG. 1 is a perspective view of Umbrella Canopy Designaccording to my invention showing eight (8) rib and strutmembers and a canopy that is nearly flat or level in theoperative position, and further showing in phantom lines anoptional stand and base therefor;FIG. 2 is a front view of the Umbrella Canopy design shownin FIG. 1 according to my invention;FIG. 3 i s a left s ide view thereof :FIG. 4 is a top view thereof;FIG. 5 is a right side view thercof;FIG. 6 is a bottom view thereof;FIG. 7 is a rear vi ew thereof;FIG. 8 is a side view taken at forty.live (45) from the frontvi ew shown in FIG. 2 ; andFIG. 9 is a perspective view of the Umbrella Canopy Designaccording to my invention showing s ix (6) rib and stnHmembers and a canopy that is also nearly flat or level in theoperative positon, and further showing in phantom lines anoptional stand and base therefor;FIG. 1 is a front view of the Umbrella Canopy designshown in FIG. 9 according to my invention;FIG. 11 is a left side view thereof;FIG. 12 is a top view thereof;FIG. 13 is a right side view thereof;FIG. 14 is a bol lom view thereof ; andFIG. 15 is a rear view thereof ; and,FIG. 16 is a side view taken at forty-five (45) from the frontview shown in FIG. 10.

14 YearsH Term:

D9,147 S 311876 Hirsh D3/5Dt4.944 S 4/1884 Drown D3/5D42,503 S 5/1912 Follmer D3/5D47,559 S 7/1915 Henderson D3/5D56,043 S 8/1920 Weinberg et al D3/5Dl .',009 S 8/1959 Lorincz D3/5D239,666 S 4/1976 Medlin D3/54.347,862 A 9 98 Secon t35/20.1D273,346 S 4/1984 Secon D3/56,196,241 B1 3/2001 Doolan 135/16D467,066 S * 12/2002 You D3/5

(21) Appl. No.: 29/153,828(22) Filed: .Tan. 11, 2002(51) LOC (7) CI. 0303(52) U.S. Cl. D3/5(5g) Field of Search 0315-6, 10-14,03/16-17; 135/98,16,19.5,20.1,22-48,

91 913; 3621102; 2971184.16

Ij 1Ijj

M~ ; { ~ ~( ~ _ :

\ _ . = : ~ : : ~ - - - -


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I II II I1 II II II II I1 II II IIII IIII I FIG. 1II II II II II II II 1I I.8 ~ l ~ f

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FIG 6


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u s atent Aug 19 3 Sheet 6 of 6

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FIG 4

tuuci v. fiberbuilt umbrellas

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