Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 1 of 25 PageID #: 64
`Case 1:20-cv-02651—RRM-VMS Document 1-3 Filed 06/15/20 Page 1 of 25 PageID #: 64
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`EXHIBIT 3
`EXHIBIT 3
`
`

`

`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 2 of 25 PageID #: 65
`Case 1:20-cv-02651-RRM-VMS Document fill""lmmlllfllllfilflllllllmllmfilliilllllllllllllmlw 65
`
`US009022218B2
`
`(12) United States Patent
`US 9,022,218 B2
`(10) Patent No.:
`Foreman et al.
`
`(45) Date of Patent: May 5, 2015
`
`(54) BATTERY HOLDER AND DISPENSING
`PACKAGE
`
`(75)
`
`Inventors: Richard Foreman, Wayne, IL (US);
`Kathleen Foreman, Wayne, IL (US);
`Timothy Moreau, DeKalb, IL (US);
`Brad Cherkas, Etobicoke (CA)
`
`(2013.01); B65D 83/02 (2013.01); B65D
`2203/12 (2013.01); 365D 2585/88 (2013.01);
`H01M2/1016 (2013.01); H01M10/4207
`(2013.01)
`
`(58) Field of Classification Search
`USPC .......... 206/7037705, 461, 462, 471, 477, 485
`See application file for complete search history.
`
`(73) Assignee: Tools Aviaton, LLC, St. Charles, IL
`(US)
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21) Appl.No.: 13/461,563
`
`(22)
`
`Filed:
`
`May 1, 2012
`
`(65)
`
`Prior Publication Data
`
`US 2013/0062247 A1
`
`Mar. 14, 2013
`
`Related US. Application Data
`
`(63) Continuation of application No. 11/974,513, filed on
`Oct. 12, 2007, now Pat. No. 8,267,252, which is a
`continuation-in-part
`of
`application
`No.
`PCT/US2006/016129, filed on Apr. 27, 2006, and a
`continuation-in-part of application No. 11/218,874,
`filed on Sep. 2, 2005, now Pat. No. 7,287,648.
`
`(60) Provisional application No. 60/755,234, filed on Dec.
`30, 2005.
`
`(51)
`
`Int. Cl.
`B65D 85/00
`B65D 21/02
`B65D 71/50
`B65D 83/02
`H01M 2/10
`H01M 10/42
`(52) us. Cl.
`CPC ............ B65D 21/0204 (2013.01); B65D 71/50
`
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`
`2,385,400 A
`2,772,407 A
`
`9/1945 Briggs
`11/1956 Nichols
`
`(Continued)
`
`FOREIGN PATENT DOCUMENTS
`
`EP
`FR
`
`0414644 A2
`2852584 A
`
`2/1997
`9/2004
`
`(Continued)
`
`Primary Examiner 7 Mickey Yu
`Assistant Examiner 7 Chun Cheung
`(74) Attorney, Agent, or Firm 7 Erickson Law Group, PC
`
`(57)
`
`ABSTRACT
`
`A battery holding and dispensing device can hold a plurality
`of batteries, in an assortment of battery sizes. The battery
`holding and dispensing device includes a frame having a
`plurality of compartments sized and shaped to each receive a
`battery ofa particular battery size and each having a detent for
`releasably retaining the battery in the compartment. Each
`compartment has at least one opening in the bottom and lower
`side to expose a corner of the battery to allow finger ejection
`of the battery from the compartment past the detent, and to
`allow the user to touch the batteries to ascertain battery size
`by feel. The assortment of batteries held in the frame is
`preferably pre-selected to correspond to the batteries needed
`by a particular profession. An arrangement for illuminating
`the frame is provided.
`
`18 Claims, 14 Drawing Sheets
`
`
`
`

`

`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 3 of 25 PageID #: 66
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 3 of 25 PageID #: 66
`
`US 9,022,218 B2
`
`Page 2
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`6/1966 Paige ............................ 206/422
`3,255,879 A *
`3,927,809 A * 12/1975 Klein, Sr.
`.....
`224/196
`
`8/1978 Brockman etal.
`.............. 312/35
`4,109,980 A *
`4,510,215 A
`4/1985 Adam
`............................ 206/5.1
`4,545,479 A >x< 10/1985 Figari
`4,696,402 A
`9/1987 Harmon et 31.
`4,697,070 A
`9/1987 Kai
`4,798,319 A
`1/1989 James, Jr.
`13301575 S
`6/1989 Crawford, Jr.
`5,137,693 A *
`8/1992 Mawhirt
`....................... 422/562
`5,249,681 A
`10/1993 Miller
`5,261,535 A
`“/1993 Light et 31.
`5,369,565 A
`“/1994 Chen et 31.
`5,378,433 A
`1/1995 Duckett et 31.
`D376,690 S
`12/1996 Lockerby
`D380,611 S
`7/1997 Mancusi
`5,670,268 A *
`9/1997 Mancusi
`5,823,350 A
`10/1998 Ward
`5,855,422 A
`1/1999 Naef
`5,866,276 A
`2/1999 Ogamietal.
`D409,559 S
`5/1999 Shim
`D409,560 S
`5/1999 Shim
`5,980,062 A
`11/1999 Bell
`6,174,618 B1
`1/2001 Nishiyama et al.
`D442,542 S
`5/2001 DougheIty et a1.
`
`........................... 429/9
`
`*
`
`D450,035 S
`6,395,980 B2
`6,427,841 B2
`D477,531 S
`6,602,637 Bl
`1348172 S
`6677728 132
`D488,443 S
`*
`D490,375 S
`6,886,695 131*
`6,902,062 B1
`7,287,648 B2
`7,383,954 B2*
`7,513,633 132
`8,267,252 B2
`2001/0046624 A1
`2003/0076673 A1
`2006/0096886 A1*
`
`11/2001 Ahlgren
`5/2002 Iitsuka
`8/2002 Wani
`................... D9/733
`7/2003 Wilczewski
`8/2003 Kurasawa etal.
`12/2003 Bailey
`_
`“2004 TakedomletaL
`4/2004 Balley
`.. D13/119
`5/2004 Pomerance
`5/2005 Karoly ~~~~~~~~~~~~~~~~~~~~~~~~~~ 206/581
`6/2005 Kumakuraetal.
`10/2007 Foreman et 31.
`6/2008 Morrison ...................... 206/576
`“009 Ermetl
`9/2012 Foreman etal.
`11/2001 Goto et 31.
`4/2003 DialdGhanem
`5/2006 Morrison ...................... 206/703
`
`FOREIGN PATENT DOCUMENTS
`
`JP
`JP
`JP
`JP
`JP
`JP
`
`46-006675
`5818261 U
`02-024959 A
`09323756 A
`2003045390 A
`2004220869 A
`
`3/1971
`12/1983
`1/1991
`12/1997
`2/2003
`8/2004
`
`* cited by examiner
`
`

`

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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 5 of 25 PageID #: 68
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 5 of 25 PageID #: 68
`
`US. Patent
`
`May 5, 2015
`
`Sheet 2 of 14
`
`US 9,022,218 132
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 6 of 25 PageID #: 69
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 6 of 25 PageID #: 69
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`US. Patent
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`May 5, 2015
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`Sheet 3 of 14
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`US 9,022,218 132
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 7 of 25 PageID #: 70
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 7 of 25 PageID #: 70
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`US. Patent
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`May 5, 2015
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`Sheet 4 of 14
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`US 9,022,218 132
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 9 of 25 PageID #: 72
`Case 1:20-cv-O2651-RRM-VMS Document 1-3 Filed 06/15/20 Page 9 of 25 PageID #: 72
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`US. Patent
`
`May 5, 2015
`
`Sheet 6 of 14
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`US 9,022,218 B2
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 10 of 25 PageID #: 73
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 10 of 25 PageID #: 73
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`US. Patent
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`May 5, 2015
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`US 9,022,218 132
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 11 of 25 PageID #: 74
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 11 of 25 PageID #: 74
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`US. Patent
`
`May 5, 2015
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`Sheet 8 of 14
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`US 9,022,218 132
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 12 of 25 PageID #: 75
`Case 1:20-cv-O2651—RRM-VMS Document 1-3 Filed 06/15/20 Page 12 of 25 PageID #: 75
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`US. Patent
`
`May 5, 2015
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`Sheet 9 of 14
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`US 9,022,218 B2
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 13 of 25 PageID #: 76
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 14 of 25 PageID #: 77
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 14 of 25 PageID #: 77
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`US. Patent
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`May 5, 2015
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`US 9,022,218 B2
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 15 of 25 PageID #: 78
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 15 of 25 PageID #: 78
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`May 5, 2015
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`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 16 of 25 PageID #: 79
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 16 of 25 PageID #: 79
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`
`US 9,022,218 B2
`
`1
`BATTERY HOLDER AND DISPENSING
`PACKAGE
`
`This application is a continuation ofU.S. Ser. No. 11/974,
`513, filed Oct. 12, 2007, which is a continuation-in—part of
`PCT/US2006/016129, filed Apr. 27, 2006 which claims the
`benefit ofU.S. Ser. No. 60/755,234, filed Dec. 12, 2005, and
`is a continuation-in-part of U.S. Ser. No. 11/218,874, filed
`Sep. 2, 2005.
`
`TECHNICAL FIELD OF THE INVENTION
`
`The present invention relates to a battery holder for use in
`storing, dispensing and packaging batteries.
`
`BACKGROUND OF THE INVENTION
`
`In the field of aviation, an airplane pilot is required to use
`many battery-powered devices, which devices serve either a
`primary or backup function. It is imperative that a pilot have
`ready access to a fresh supply of batteries in the event that
`batteries become inoperative or spent during flight. Some of
`these battery-powered devices include: handheld global posi-
`tioning systems (GPS), handheld emergency radio transceiv-
`ers, handheld calculators, “EGB”’s, flashlights, and intercom
`systems for additional communication headsets.
`Different battery-powered devices use different size bat-
`teries. Batteries are available in standard sizes and voltages,
`such as sizes: AAA, AA, C, D and 9V. It has been known for
`pilots to carry an assortment of batteries loosely in a pilot’s
`flight bag, a hand carried case used by pilots to carry personal
`items or small items needed in the performance ofpiloting an
`airplane. However, when a battery is required it must be
`located within the flight bag by the pilot during flight. During
`an emergency, if cabin lighting is lost or the pilot is preoccu-
`pied with controlling the aircraft, finding batteries loosely
`stored in a flight bag can be troublesome and time-consum-
`ing.
`U.S. Pat. Nos. 5,670,268; 4,109,980; D490,375 and D301,
`575 describe various battery holding and storage devices.
`The present inventors have recognized that in the aviation
`field particularly, there is a need for a battery holding and
`dispensing device that is compact, easy to locate in a dark
`environment, is conveniently sized to be carried in a pilot’s
`flight bag, is easy to manipulate to dispense a desired battery
`even when in a dark environment, and can hold an assortment
`of batteries.
`
`SUMMARY OF THE INVENTION
`
`The present invention provides a battery holding and dis-
`pensing device that holds a plurality of batteries. The battery
`holding and dispensing device includes a frame having a
`plurality of compartments or bays for releasably retaining a
`battery in each compartment. The compartments are prefer-
`ably sized and shaped to each receive a battery of the battery
`size corresponding to the compartment.
`According to one aspect of the invention, the compart-
`ments in the frame are preferably sized and shaped to corre-
`spond to the batteries needed by a particular profession. For
`example, for an airline pilot, the frame includes compart-
`ments for the following battery sizes:
`(2)C’s, (12)AA’s,
`(4)AAA’s and (1) 9V.
`Although the invention is particularly advantageous for
`pilots, it also encompasses a battery holding and dispensing
`device that is adaptable for other professions that use batter-
`ies, such as for photographers, medical personnel such as
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`
`paramedics, military personnel, etc. The invention is also
`suitable for home use as it provides a convenient holder for
`storing and dispensing batteries.
`Preferably, each compartment of the frame of the present
`invention has an open top end and is open at least through an
`edge portion of a bottom thereof, to permit contact of a user’ s
`thumb or finger onto a bottom surface of the battery held
`within the compartment. Each compartment is also open
`along a lower portion of the sidewall of the compartment
`contiguous with the open edge portion. These openings allow
`the finger or thumb of the user to contact the bottom of the
`battery and induce ejection of a battery from the compart-
`ment, and through the top open end of the compartment.
`One or both ends of the compartment can be partially
`closed by a releasable detent. The detent preferably extends
`into the compartment near to the open face and retains a
`battery within the compartment. If detents are used on both
`ends ofthe compartment, a battery held therein can be ejected
`through either top or bottom end. As an alternate to detents,
`bumps extending into the compartment from an inside surface
`of the compartment sidewalls, or ribs, or a soft liner portion
`within each compartment that is resiliently compressible to
`grip a battery held therein, or resilient compartment walls, can
`be used to releasably retain a battery within the frame. The
`bottom edge, side ant top openings allow the finger or thumb
`of the user to contact the bottom of the battery and induce
`ejection of a battery from the compartment, by moving the
`battery past the detent, and through the top open end of the
`compartment.
`As a further embodiment ofthe invention, the detent can be
`a metal spring clip that is molded into an otherwise plastic
`frame.
`
`One or more ofthe compartments can be formed with a lid.
`The corresponding compartment can be used to store small
`hems, such as small watch batteries, flashlight bulbs, keys,
`pills, film, fuses, etc.Altematively, a container corresponding
`substantially to the shape and volume of a battery, can be
`provided as an accessory item to be inserted into a corre-
`sponding battery compartment in the frame and to be releas-
`ably retained within the compartment in the same manner as
`a battery could be held within the compartment.
`According to another aspect ofthe invention, the frame can
`be composed of a luminescent (“glow in the dar ”) plastic
`material. Accordingly,
`the battery holder and dispensing
`device can be easily located by a user in a dark environment,
`such as in a dark airplane cabin.
`According to another aspect ofthe invention, the frame can
`be illuminated by one or more lamps that are powered by a
`battery within the frame. The lamps are preferably light emit-
`ting diodes (LED’s). The lamps are preferably located within
`an interior portion of the frame and the frame is composed of
`a translucent or transparent plastic. The light emitted by the
`lamps will then diffuse throughout the frame to effectively
`provide a luminescent effect without the need for construct-
`ing the frame from a special luminescent plastic material. A
`switch can be provided to selectively power the lamps.
`According to another aspect of the invention, a light acces-
`sory can be provided that comprises a separate sub frame
`having contacts and carrying at least one lamp wired to the
`contacts. A battery fit into the sub frame engages its terminals
`with the contacts and illuminates the lamp. The lamp is posi-
`tioned to illuminate the frame when the sub frame is inserted
`
`into one of the bays of the frame. A switch usable to selec-
`tively power the lamp from the battery can be provided as part
`of the accessory.
`According to another aspect ofthe invention, the frame can
`be assembled from modular sections or modules that releas-
`
`

`

`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 19 of 25 PageID #: 82
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`US 9,022,218 B2
`
`3
`ably engage together. The modules can each contain a plural-
`ity of batteries of a single battery size, or can each contain a
`collection of different battery sizes. Thus, the particular bat-
`tery needs of a selected profession can be accommodated by
`the selection of modules to be assembled together into a
`frame. The battery needs of the selected profession would
`depend on the battery-powered equipment used by that pro-
`fession.
`
`According to another aspect of the invention, the device is
`easily held in a user’s one hand while a thumb or finger of the
`user’s one hand can be used to eject a desired battery. Addi-
`tionally, the user’ s hand can locate by feel the appropriate size
`battery due to the contour of the frame conforming to the
`battery sizes.
`According to another aspect of the invention, a handle or
`bracket can be provided on an end of the frame for holding or
`hanging the frame. If the device is used in the home or work-
`shop, the bracket can be used to hang the frame for convenient
`access to the batteries.
`
`According to another aspect of the invention, the frame has
`a plurality of compartments or bays for releasably retaining a
`battery in each compartment. The compartments are prefer-
`ably sized and shaped to each receive a battery of the battery
`size corresponding to the compartment.
`Preferably, each compartment of the frame of the present
`invention has an open top end and is open at least through an
`edge portion of a bottom thereof, to permit contact of a user’ s
`thumb or finger onto a bottom surface of the battery held
`within the compartment. Each compartment is also open
`along a lower portion of the sidewall of the compartment
`contiguous with the open edge portion. Preferably, the open
`top end and the open portion of the bottom edge and sidewall
`can be covered by top and bottom membranes, such as film or
`foil seals, respectively. These openings allow the finger or
`thumb of the user to push through the bottom seal, or to push
`in the bottom seal, to the extent that allows the user to press
`the bottom ofthe battery and induce ejection of a battery from
`the compartment, by moving the battery through the top open
`end ofthe compartment. The top seal holds the battery within
`the compartment for retailing and storage purposes but will
`allow sufficient force from the user’ s finger to eject the battery
`through the top seal, breaking the seal. The bottom seal could
`be breakable or be a flexible or stretchable covering that need
`not be broken in order for the user to push up on the battery
`with a finger.
`The top and bottom membranes close the openings of the
`frame and hold batteries therein. This can make the frame a
`
`package to hold batteries that is waterproof, or water resistant,
`and which resists infiltration of dirt and debris into the pack-
`age. This aspect ofthe invention provides an attractive vehicle
`for marketing batteries and for retail sales of a battery and
`caddy combination.
`The devices ofthe present invention provide further advan-
`tages over the known storage containers for batteries. The
`convenient and compact configurations of the frames of the
`devices allow the devices to be used in homes, planes, cars,
`offices and shops. The frames described herein keep batteries
`separated compared to loose batteries, to avoid inadvertent
`electrical contact between batteries. The compact arrange-
`ment and ergonomic shaping of the frames allows for easy
`handling of the frames and one-handed holding and dispens-
`ing of a selected battery. The open design ofthe sidewalls and
`a bottom wall of the frames allow the frames to shed debris
`
`which would otherwise collect in the compartments.
`Numerous other advantages and features of the present
`invention will be become readily apparent from the following
`
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`detailed description of the invention and the embodiments
`thereof, and from the accompanying drawings.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 is a bottom perspective view of a device in accor-
`dance with the invention shown holding batteries;
`FIG. 2 is atop perspective view ofthe device shown in FIG.
`1 with batteries removed;
`FIG. 2A is a fragmentary perspective view of an alternate
`embodiment of the device shown in FIG. 1;
`FIG. 3 is a bottom perspective view of the device shown in
`FIG. 2;
`FIG. 3A is a sectional view taken generally along line 3-3
`of FIG. 1;
`FIG. 4 is an enlarged detail view taken from FIG. 2;
`FIG. 5 is a sectional view taken generally along line 5-5 of
`FIG. 4
`
`FIG. 6 is an enlarged detail view taken from FIG. 2;
`FIG. 7 is a sectional view taken generally along line 7-7 of
`FIG. 6;
`FIG. 8 is a top plan view ofthe device shown in FIG. 2;
`FIG. 9 a sectional view taken generally along 9-9 ofFIG. 8;
`FIG. 10 is a sectional view taken generally along line 10-10
`of FIG. 8;
`FIG. 11 is a sectional view taken generally along line 11-11
`of FIG. 8;
`FIG. 12 is a bottom view ofthe device of FIG. 2;
`FIG. 13 is a top perspective view of an alternate embodi-
`ment device of the present invention;
`FIG. 14 is a sectional view taken generally along line 14-14
`of FIG. 13;
`FIG. 15 is a top perspective view of a further embodiment
`of the device in accordance with the present invention;
`FIG. 16 is a sectional view taken generally along line 16-16
`of FIG. 15;
`FIG. 17 is a top perspective view of an accessory usable
`with one or more of the previous embodiment devices;
`FIG. 18 is a top perspective view of a further accessory
`usable with one or more of the previously described embodi-
`ments;
`FIG. 19 is a fragmentary, exploded elevational view of a
`further embodiment of the invention;
`FIG. 20 is a fragmentary sectional view taken generally
`along line 20-20 of FIG. 19;
`FIG. 21 is a fragmentary sectional view taken generally
`along line 20-20 of FIG. 19, but showing the device in an
`assembled condition;
`FIG. 22 is a fragmentary, schematical sectional view of an
`alternate embodiment of the invention;
`FIG. 23 is a front side view of a further accessory useable
`with the present invention;
`FIG. 24 is a right side view of the accessory of FIG. 23;
`FIG. 25 is a top view of the accessory of FIG. 23;
`FIG. 26 is a perspective view of a further embodiment
`battery holder of the invention;
`FIG. 27 is an elevation view of the battery holder of FIG.
`26;
`FIG. 28 is a plan view of the battery holder of FIG. 27;
`FIG. 29 is a sectional view taken along line 29-29 of FIG.
`28;
`FIG. 30 is an elevation view of a still further embodiment
`
`battery holder of the invention;
`FIG. 31 is a plan view of the battery holder of FIG. 30;
`FIG. 32 is a sectional view taken along line 32-32 of FIG.
`31;
`
`

`

`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 20 of 25 PageID #: 83
`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 20 of 25 PageID #: 83
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`US 9,022,218 B2
`
`5
`FIG. 33 is an enlarged fragmentary sectional view taken
`from FIG. 32; and
`FIG. 34 is a fragmentary right side view of FIG. 33.
`
`DETAILED DESCRIPTION OF THE PREFERRED
`EMBODIMENTS
`
`While this invention is susceptible of embodiment in many
`different forms, there are shown in the drawings, and will be
`described herein in detail, specific embodiments thereof with
`the understanding that the present disclosure is to be consid-
`ered as an exemplification of the principles of the invention
`and is not intended to limit the invention to the specific
`embodiments illustrated.
`
`FIG. 1 illustrates a battery holding device 18 including a
`frame 20 that holds a plurality of batteries “B”. The frame 20,
`as well as each of the alternate embodiment frames or mod-
`
`ules described herein, is preferably a unitary molded piece.
`The frame 20 includes a bottom wall 26 sidewalls 28, 30 and
`end walls 32, 34. A bracket 35 extends from the end wall 34.
`The bracket can include an aperture 36 for hanging of the
`frame 20. The sidewalls 28, 30 include an upper row of
`openings 38 and a lower row of openings 44. The sidewalls
`28, 30 have outside partial-cylindrical contours that are sub-
`stantially parallel to the outside contours of the batteries held
`within the frame 20. Thus, even in a dark environment, a user
`can, by feel of the outside contour of the frame 20, ascertain
`the size of a battery held within the frame. Furthermore, the
`openings, either the upper row 38 or the lower row 44 can be
`sized sufficiently such that a user’ s finger can actually directly
`feel the outside contour of a battery held within the frame to
`determine the size of the battery, even in the dark.
`The batteries held within the frame are exposed through the
`openings 38, 44. Furthermore, the bottom wall 26 is recessed
`adjacent each of the lower row of openings 44 such that a
`bottom surface “S” of a battery held within the frame is
`exposed to a user’s touch.
`According to the preferred embodiment illustrated in FIG.
`1, the frame has an overall length “L” (FIG. 12), without the
`bracket 35, of about 197 m, an overall height “H” (FIG. 3A)
`of about 54 mm, and an overall width “W” (FIG. 3A) of about
`35 mm. The frame is preferably injection molded plastic
`having an average thickness “TH” (FIG. 3A) of about 2 mm.
`FIG. 2 illustrates the frame 20 in more detail with the
`
`batteries removed. The frame 20 includes compartments or
`bays for receiving an assortment ofbatteries.According to the
`embodiment shown in FIGS. 1 and 2, the frame 20 is substan-
`tially mirror image identical across a longitudinal vertical
`center plane indicated by the centerline 50 and a lateral ver-
`tical center plane indicated by the centerline 52, except for the
`bracket 35.
`
`In FIG. 2, an assortment of bays is provided to the right of
`the lateral centerline 52. Straddling the centerline 52 is a first
`bay 60 for holding a rectangular 9V battery. Adjacent first bay
`60 are two rows ofthree bays for holding cylindrical, sizeAA
`batteries. These bays are marked 61-66. Adjacent to the bays
`63, 66 is an eighth bay 67 for holding a size C battery.
`Adjacent to the bay 67 are bays 68, 69 for holding size AAA
`batteries. The bays to the left of the lateral centerline 52 are
`mirror image identical. Thus, the frame 20 illustrated can hold
`19 batteries.
`
`The bays 61-66 are formed as cylindrical tubes with open
`top and bottom ends and with portions removed. For example,
`the bay 65 includes an open top and 65a and an open bottom
`end 65b that is partially closed by the bottom wall 26. The bay
`65 includes a lower sidewall opening 44a that is about 3%; inch
`tall and circumscribes about 90° of the circumference of the
`
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`cylindrical rube. The bay 65 includes an upper sidewall open-
`ing 3811 that is about 7%; inch in height and circumscribes about
`180° of the cylindrical tube circumference. The remaining
`bays 61-64 and 66 are substantially identical to the bay 65
`except that the bays 61, 64 have upper openings 38a that
`circumscribes about 130° of the circumference of the cylin-
`drical tube.
`
`The bays 61, 64 form an interior end wall 72 ofthe first bay
`60. Likewise, the mirror image bays on the left side of the
`lateral centerline 52 form an opposite interior end wall 74 of
`the first bay 60. The first bay 60 includes a substantially flat
`first sidewall 78 and a substantially flat second sidewall 80.
`Lower substantially rectangular openings 44b are formed
`between the sidewalls 78, 80 and the bottom wall 26. Upper
`openings 38b are formed through the sidewall 78 and through
`the sidewall 80.
`
`The bays 63, 66 form an interior sidewall 86 and the bays
`68, 69 form an interior sidewall 88 of the bay 67. A cylinder
`that forms the bay 67, with portions removed as described
`below, blends into the sidewalls 86, 88. The cylinder includes
`an open top end 6711 and an open bottom end 67b at least
`partially closed by the bottom wall 26. The cylinder includes
`two lower sidewall openings 440, one on each side of the
`centerline 50, that are approximately 3%; inch in height and
`each circumscribes approximately 90° of the circumference
`of the cylinder. The cylinder includes two upper sidewall
`openings 380, one on each side of the centerline 50, that are
`approximately 7%;
`inch in height and each circumscribes
`approximately 120° of the circumference of the cylinder.
`The bays 68, 69 are each formed by a cylinder having
`portions removed as described below. For example, the bay
`69 includes an open top end 6911 and an open bottom end 69b.
`A lower opening 44d is approximately 3/8 inch in height and
`circumscribes about 180° of the circumference of the cylin-
`der. An upper opening 38d is about 5%; inch in height and
`circumscribes approximately 180° of the circumference of
`the cylinder.
`As shown in FIG. 3, the bottom wall 26 includes an irregu-
`lar longitudinal edge 126 that extends along the longitudinal
`extent of the frame 20 except for the bays 68, 69. The edge
`126 is recessed from a lateral extent of the bays to form
`bottom openings to expose the bottom surface “S” of the
`batteries “B” held within the bays to a user’s touch to allow
`the user’s finger to press the batteries from below. The lower
`sidewall openings 44a-44d of the bays are contiguous with
`the bottom openings formed by the edge 126 to allow the
`user’s finger to not only press the bottom surface “S” of the
`batteries but to slide the batteries toward the top open ends of
`the bays to eject the batteries.
`The bottom wall provides apertures 128 for the bays 61-66
`to receive the positive terminal “T” of a typical battery “B”.
`The bottom wall also includes an aperture 132 in bay 67 for
`receiving the terminal of a typical battery. As shown in FIG.
`3A, because of the apertures 128, a battery can be put into the
`compartment with the extending terminal either oriented at
`the top or bottom of the battery.
`The bays 68, 69 include a support gusset 136 that supports
`a bottom wall portion 138 for holding batteries within the
`bays 68, 69. The bottom all portion 138 includes a partial
`aperture 142 for receiving a terminal of a typical battery.
`Each of the bays 60-69 includes a mechanism for releas-
`ably holding a battery within the individual bays. According
`to the preferred embodiment, the mechanism comprises one
`or two resilient detents or hooks which overlies or protrudes
`into the bay near to the otherwise open end of each bay. The
`detents are resiliently flexible outwardly to allow battery to be
`removed through the open end of each bay.
`
`

`

`Case 1:20-cv-02651-RRM-VMS Document 1-3 Filed 06/15/20 Page 21 of 25 PageID #: 84
`Case 1:20-cv-O2651-RRM-VMS Document 1-3 Filed 06/15/20 Page 21 of 25 PageID #: 84
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`US 9,022,218 B2
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`7
`FIG. 2 illustrates two variations of the detent structures.
`
`Although two variations are described, in practice, probably
`one detent structure or the other would be used for all the
`detent structures. A first variation in shown in FIGS. 4-5 and
`a second variation is shown in FIGS. 6-7. FIG. 4 shows a
`
`sidewall of the bay 62 having a slot opening 139 and a detent
`140 formed within that slot opening. The detent 140, due to
`the cantilever arrangement, exhibits a resilient flexibility. The
`detent includes a neck portion 142 and a head portion 144
`extending therefrom. The head portion 144 includes a ramp
`surface 146 which allows the detent 140 to flex outwardly as
`a battery B (shown dashed in FIG. 5) is forcibly ejected
`through the top open end of the bay 62
`FIGS. 6 and 7 illustrate an alternate embodiment for the
`
`detent, a detent 160 which is shaped similarly to the detent
`140. However, according to this embodiment the detent is
`formed within a closed opening 162 in the sidewall of the bay
`67, not a slotted opening.
`As can be observed in the figures, the smaller bays 61-66
`and 68, 69 each include a single detent, while the larger bay
`60, 67 include two detents, that are opposing across a width of
`the bays 60, 67.
`FIG. 2A illustrates an alternate embodiment frame 190
`
`wherein each bay includes a top open end 192 and a bottom
`open end 193, and at least one central sidewall opening 194.
`Each bay includes one or two detents 160 (or 140) adjacent
`the open ends 192, 193. A battery can be ejected through
`either the top open end or the bottom open end. According to
`this embodiment, the frame 190 is also configured to be
`mirror image identical across a horizontal plane that contains
`the centerline 50, 52.
`As an alternate to detents, bumps extending into the com-
`partment from an inside surface of the compartment side-
`walls, or ribs, or a soft liner portion within each compartment
`that is resiliently compressible to grip a battery held therein,
`or resilient compartment walls, can be used to releasably
`retain a battery within the frame.
`FIGS