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ITSA General Assembly: December 5th - 12th

Author Topic: YYJ patent  (Read 1608 times)

johnm

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YYJ patent
« on: February 13, 2013, 09:43:18 PM »

I've not seen the YYJ patent (for dogs and Gates) posted before but have seen speculations about what it contains regarding bearings, double tips, weight rings etc. or if it was even separate from yoyo patents and by coincidence I stumbled onto this patent from Dale Bell. 

Link = Dale Bell spinning top patent

Included is a drawing of the Chihuahua and the Gates.  I don't know how to grab stuff from PDF files but this was elsewhere.


You have to enjoy the language of patents such as "forcibly urged" from the assembly discussion.
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ta0

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Re: YYJ patent
« Reply #1 on: February 14, 2013, 02:51:11 PM »

Thanks a lot John.  I have probably around 200 spintop patents in my files, but did not have this one  :-[

This is a very interesting patent for us. Yeah, it is written in that horrible patent style and lexicon, which is completely unnecessary and non-required, except for a few words in the claims section.  It also refers to 3 previous patents that are beside the point: it is common for the patent clerk to bring up examples of possible previous art that are irrelevant (I guess to show that he is doing his work) and you have to provide answers . . .

The patent covers 4 inventions:

1- Bearing tip
2- Weight ring
3- A replaceable end-tip (cone)
4- Upper second tip

It was filed in March 20, 2001. But Spintastics had starting selling bearing tops in April 2000!  If YYJ would have tried to enforce this patent, it could have been challenged.  YYJ may still have had the right to patent it in some circumstances, but then it would have come to who had "invented" it first, as written on a signed log book, for example. US patent law has changed since, from "first to invent" to "first to patent."

As I read the patent, the weight ring to increase the rotational inertia has to "connect" the lower and upper parts of the body. So, perhaps YYF could get away with the brass ring on the Throwback because it may not be a connecting element (before I thought it was because it was not on the outside).

I had heard before that YYJ claimed to have invented the double tip top, which is clearly not true as there are old wooden examples with two tips.  The patent mentions two uses for the second tip: a) spin the top on the upper tip when the lower tip wears out until it can be replaced ( :o  :P )  b) lift the top by holding the upper bearing tip (that does make sense)

Actually, if you read the claims carefully, the patent only covers a top with a weight ring connecting the upper and lower sections AND a bearing tip. I don't think it would cover a top that would have just a single of those two characteristics. That to me looks like a mistake, but claims are generally worded by the lawyer based on the description and Bell may not have looked at them carefully.
« Last Edit: February 15, 2013, 11:07:54 AM by ta0 »
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Kirk

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Re: YYJ patent
« Reply #2 on: February 15, 2013, 08:44:15 AM »

Actually, if you read the claims carefully, the patent only covers a top with a weight ring connecting the upper and lower sections AND a bearing tip. I don't think it would cover a top that would have just a single of those two characteristics. That to me looks like a mistake, but claims are generally worded by the lawyer based on the description and Bell may not have looked at them carefully.
In a best case the patent would cover the claims individually. Often patents are denied and then get watered down to be acceptable.   Sometimes they are so watered down as to be silly and useless. We are regularly called on to find ways around patents.  With the newer patents is is usually easy.  Thus Mark H's Split top is safe.

Kirk
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