Allied Moulded Prods. v. Tom Leonard Investment Co. - Complaint

Case: 3:18-cv-02717-JGC Doc #: 1 Filed: 11/21/18 1 of 8.
PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Allied Moulded Products, Inc. ) Case No.

222 N. Union Street )
Bryan, OH 43506, ) Hon.
)
an Ohio corporation, )
)
Plaintiff, )
)
vs. )
)
Tom Leonard Investment Company, Inc. )
d/b/a Peak Seasons )
7240 Sycamore Canyon Blvd. )
Riverside, CA 92508 )
)
and )
)
G. R. Kirk Company )
201 St. Helens Avenue )
Tacoma, WA 98402-2519 )
)
c/o Morris L. Kirk, its registered agent )
1
Case: 3:18-cv-02717-JGC Doc #: 1 Filed: 11/21/18 2 of 8. PageID #: 2
201 St. Helens Avenue )

Tacoma, WA 98402-2519 )
)
and )
)
Does 1-100, )
)
Defendants. )
______________________________________________________________________________
COMPLAINT WITH JURY DEMAND

______________________________________________________________________________
Allied Moulded Products, Inc. ("Allied"), for its Complaint against Tom Leonard
Investment Company, Inc. d/b/a Peak Seasons and Does 1-100 (collectively, "Defendants"),
states as follows:
THE PARTIES
1. Allied is an Ohio corporation having its principal place of business at 222 N.
Union Street, Bryan, Ohio 43506.
2. Upon information and belief, Peak Seasons operates in California, Georgia, and
North Carolina, with its principal place of business at 7240 Sycamore Canyon Blvd., Riverside,
California 92508. Upon information and belief, Peak Seasons manufactures or has manufactured
on its behalf, offers for sale, sells, and/or uses tree stands in the United States.
3. Upon information and belief, G. R. Kirk Company operated in Washington, with
branches in Oregon and Wisconsin, with its principal place of business at 201 St. Helens
Avenue, Tacoma, Washington 98402-2519. Upon information and belief, G. R. Kirk Company
manufactures or has manufactured on its behalf, offers for sale, sells, and/or uses tree stands in
the United States.
2
4. Upon information and belief, Does 1-100 operate and have principal places of
business in the United States and manufacture, has manufactured on their behalf, offer for sale,
sell and/or use tree stands within the United States.
JURISDICTION
5. This is an action for violation of the patent laws of the United States of America,
35 U.S.C. § 1, et seq.; and for violation of the Ohio deceptive trade practices laws, Ohio Rev.
Code 4165.01, et seq.
6. The Court has jurisdiction over the subject matter of this action pursuant to
Section 39 of the Lanham Act, 15 U.S.C. § 1121, 28 U.S.C. §§ 1331, 1332 and 1338(a), 1338(b)
and 1367(a). The amount in controversy exceeds the sum of $75,000 and diversity of citizenship
exists. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400(b).
7. This Court has jurisdiction over Defendants because, inter alia, they: (1) transact
business in this state; and (2) engage in infringing conduct in this state, and/or induce others to
engage in infringing conduct in this state.
8. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c)
and 1400(b) because Defendants do business in the State of Ohio, have committed acts of
infringement in this State and in this District, have regular and established business in this
District, and are subject to personal jurisdiction in this District.
BACKGROUND FACTS
9. Allied is a product design and distribution company founded in 1958.
10. Joseph Noblett, a citizen of the United Kingdom, is the owner of U.S. Patent No.
8,146,291 (the "'291 Patent"). U.S. Patent No. 8,881,451 (the "'451 Patent") and U.S. Patent No.
10,080,455 (the "'455 Patent"). Each of these patents relates to tree stand devices.
3
11. Beginning in or around 2008, Allied began manufacturing tree stands for Joseph
Noblett. Thereafter, and since 2010, Allied and its division PTI, Incorporated have been
manufacturing and selling Mr. Noblett's tree stands that are subjects of the patents referenced
above.
12. By way of an Exclusive Patent License Agreement, Allied confirmed its prior
business relationship and memorialized its continuing exclusive agreements with Joseph Noblett
granting to Allied, inter alia, all substantial rights to the '291 Patent, the '451 Patent, and the '455
Patent (collectively the "Licensed Patents"). A copy of the Exclusive Patent License Agreement
("Exclusion License") is attached as Exhibit A.
13. In accordance with and pursuant to the Exclusive License, Allied has and
maintains the exclusive right to make, have made, use, offer for sale, sell, import, and have
imported products covered by the Licensed Patents.
14. In further accord with and pursuant to the Exclusive License, Allied has and
maintains the exclusive rights to enforce the Licensed Patents, including the right to assert and
resolve infringing conduct.
15. Since 2010, Allied has sold tree stands covered by the Licensed Patents with
annual sales volumes ranging from $174, 064 to $740,000. Allied's sell tree stands covered by
the Licensed Patents via online market places (e.g., Amazon.com), through its own United States
distributors, and at fairs, exhibitions, and the like.
Defendants' Infringing Conduct
16. Upon information and belief, Defendants have entered into contracts or
relationships with certain third-parties to make and/or sell infringing tree stand devices, and such
contracts have resulted in lost sales of the tree stand devices by Allied.
4
17. Upon information and belief, Defendants have entered into such contracts or
relationships to manufacture and/or sell infringing tree stand devices knowingly, willingly, and
intentionally in violation of the Licensed Patents and Allied's rights.
18. Upon information and belief, Defendants are making or having made and selling a
tree stand device that infringes the Licensed Patents, or any one of them.
COUNT I (INFRINGEMENT OF THE LICENSED PATENTS)
19. Allied realleges and incorporates by reference the allegations of the preceding
paragraphs of this Complaint as if fully set forth herein.
20. On April 3, 2012, the '291 patent was duly and lawfully issued. A copy of the
‘291 patent is attached as Exhibit B.
21. On November 11, 2014, the '451 patent was duly and lawfully issued. A copy of
the ‘451 patent is attached as Exhibit C.
22. On September 25, 2018, the '455 patent was duly and lawfully issued. A copy of
the ‘455 patent is attached at Exhibit D.
23. Since 2010, Allied has been the exclusive manufacturer, distributor, and seller in
the United States for tree stand devices covered by the Licensed Patents.
24. This prior relationship between Allied and Mr. Noblett was formalized and
memorialized in the Exclusive License.
25. Upon information and belief, in violation of 35 U.S.C. § 271, Defendants are and
have been infringing, contributing to infringement, and/or offering to sell in the United States, or
importing into the United States, products that practice the invention claimed in one or more of
the Licensed Patents, including without limitation tree stand devices sold under the name
"Quick-Fit."
5
26. As a result of Defendants' unlawful infringement of the Licensed Patents , or any
one of them, and will continue to suffer damages. Allied is entitled to recover from Defendants
the damages suffered as a result of its unlawful acts.
27. Upon information and belief, Defendants intend to continue the unlawful
infringing activities, and Allied continues to and will continue to suffer irreparable harm – for
which there is no adequate remedy at law – from such unlawful infringing activities unless this
Court enjoins Defendants from further infringing activities.
COUNT II (STATE DECEPTIVE TRADE PRACTICES)
28. Allied realleges and incorporates by reference the allegations of the preceding
paragraphs of this Complaint as if fully set forth herein.
29. Defendants are each a "person" within the meaning of Ohio Rev. Code
§ 4165.01(D).
30. The acts of Defendants constitute deceptive trade in violation of Ohio's deceptive
trade practices laws, Ohio Rev. Code § 4165.01, et seq.
31. As a result of the deceptive trade practices of Defendants, Allied has suffered and
is entitled to the recovery of damages and attorneys' fees pursuant to § 4165.03 of the Ohio Rev.
Code.
32. Defendants' deceptive actions and practices have caused and will continue to
cause irreparable harm to Allied, unless enjoined.
33. Allied has no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, Allied prays for the following relief against the Defendants, jointly and
severally:
6
A. That Defendants be declared to have infringed, induced others to infringe,

and/or committed acts of contributory infringement with respect to the
claims of the patent(s)-in-suit as alleged above;
B. That Defendants and its officers, agents, servants, employees, and all those
persons acting or attempting to act in concert or in participation with them
or acting on their behalf be immediately, preliminarily, and permanently
enjoined from further from infringement of the patent(s)-in-suit;
C. That Defendants be ordered to account for and pay to Allied all damages
caused by Defendants by reason of Defendants' infringement of the
patent(s)-in-suit pursuant to 35 U.S.C. § 289, or, in the alternative, that
Defendants be ordered to pay to Allied a reasonable royalty by reason of
Defendants' infringement of the patent(s)-in-suit pursuant to 35 U.S.C. §
289;
D. That Defendants be ordered to pay treble damages for willful infringement

of the patent(s)-in-suit pursuant to 35 U.S.C. § 284;
E. That this case be declared exceptional under 35 U.S.C. § 285 and that
Allied be awarded its attorneys' fees, expenses, and costs incurred in this
action;
F. A permanent injunction restraining Defendants, its agents, servants,

employees, successors and assigns, and all others in concert and privity
with them:
1. From selling sealing devices that infringe the Licensed Patents, or

any one of them; and
2. From otherwise unfairly competing with Allied.
G. An Order requiring Defendants to file with the Court and to account to

Allied for Defendants' sales and profits realized by Defendants through the
sale of its infringing tree stand devices;
H. That Allied be granted pre-judgment and post-judgment interest on the

damages caused to it by reason of Defendants' infringement of the
patent(s)-in-suit;
I. That Defendants be ordered to pay all costs associated with this action;
and
J. That Allied be granted such other and additional relief as the Court deems
just and proper.
7
Date: November 21, 2018 Respectfully submitted,
By: /s/ David P. Strup

J. Douglas Miller (0071955)
David P. Strup (0034665)
SHUMAKER LOOP & KENDRICK, LLP
1000 Jackson Street
Toledo, OH 43604
Telephone: (419) 321-1306
Facsimile: (419) 241-6894
Email: dstrup@slk-law.com
Counsel for Allied Moulded Products, Inc.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Allied hereby demands a
trial by jury as to all issues so triable.
Date: November 21, 2018 Respectfully submitted,
By: /s/ David P. Strup

J. Douglas Miller (0071955)
David P. Strup (0034665)
SHUMAKER LOOP & KENDRICK, LLP
1000 Jackson Street
Toledo, OH 43604
Telephone: (419) 321-1306
Facsimile: (419) 241-6894
Email: dstrup@slk-law.com
Counsel for Allied Moulded Products, Inc.
8
Case: 3:18-cv-02717-JGC Doc #: 1-1 Filed: 11/21/18 1 of 3. PageID #: 9
USOO8146291B2
(12) United States Patent (10) Patent No.: US 8,146,291 B2

NOblett (45) Date of Patent: Apr. 3, 2012
(54) TREE STANDS (56) References Cited
(76) Inventor: Joseph Noblett, Chorley (GB) U.S. PATENT DOCUMENTS
2,750,138 A 6, 1956 Morris
(*) Notice: Subject to any disclaimer, the term of this 3,862,733. A 1, 1975 Sullivan
patent is extended or adjusted under 35 3,987.996 A * 10/1976 Yocca ........................... 248/524
U.S.C. 154(b) by 186 days. 4,585,201 A 4, 1986 Pursell
5,482,245 A 1/1996 Graves .......................... 248/523
(21) Appl. No.: 10/565,758 6,568,127 B1 * 5/2003 Kalman et al. ................. 47/405
FOREIGN PATENT DOCUMENTS
(22) PCT Filed: Mar. 3, 2004 BE 1003629 A3 5, 1992
(86). PCT No.: PCT/GB2OO4/OOO893 EP O 369 633 A1 5, 1990
FR 228O346 2, 1976
S371 (c)(1), GB 2384 697 A 8, 2003
(2), (4) Date: Apr. 18, 2006 * cited by examiner
(87) PCT Pub. No.: WO2005/016087
Primary Examiner — T. Nguyen
PCT Pub. Date: Feb. 24, 2005 (74) Attorney, Agent, or Firm — NSIP Law
(65) Prior Publication Data
US 2006/O175481 A1 Aug. 10, 2006 (57) ABSTRACT
The invention provides a tree stand comprising a fluid reser
(30) Foreign Application Priority Data Voir about a tree retaining member including tree gripping
Aug. 6, 2003 (GB) ................................... O318372.O means, wherein the tree gripping means comprise at least one
Sep. 2, 2003 (GB) ... ... O32O545.7 projection. The invention further provides a tree stand com
Oct. 10, 2003 (GB) ... ... 0323,755.9 prising a fluid reservoir about a tree retaining member,
Oct. 16, 2003 (GB) ................................... O324240.1 wherein strengthening means are provided between the fluid
reservoir and the tree retaining member. The invention further
(51) Int. Cl. provides a tree stand comprising a fluid reservoir about a tree
A47G-33/12 (2006.01) retaining member including use, to maintain separation
(52) U.S. Cl. ............................................. 47/40.5:47/42 between at least part of the end of the tree retained by the tree
retaining member and (20) a base portion of the tree retaining
(58) Field of Classification Search ................... 47/40.5, member.
47/41.01, 41.15, 42, 43; 248/523,903, 529,
248/524,527
See application file for complete search history. 5 Claims, 9 Drawing Sheets
U.S. Patent US 8,146,291 B2

U.S. Patent Apr. 3, 2012 Sheet 2 of 9 US 8,146,291 B2

Fig. 4
U.S. Patent US 8,146,291 B2

* 4.
20 30 20
30
40 6
Fig. 10
* 4.
36 40
6
1O
Fig. 11
U.S. Patent Apr. 3, 2012 Sheet 9 Of 9 US 8,146,291 B2
Fig. 12
US 8,146,291 B2
1. 2
TREE STANDS The tree stand of the invention may include a combination
two or more of tree gripping means as described herein;
FIELD OF THE INVENTION strengthening means as described herein; and spacing means
as described herein.
This invention relates to tree stands, and in particular, but 5 Suitably the tree retaining member is mounted within the
not exclusively to Christmas tree stands. The invention also fluid reservoir. Preferably the tree retaining member does not
extends to a kit; and a method of securing a tree to a tree stand. substantially protrude from the fluid reservoir.
Preferably the fluid reservoir comprises a cylindrical or
BACKGROUND TO THE INVENTION frustoconical member being closed at one end thereof, and the
10 tree retaining member is connected to the closed end of the
It is known to place cut trees in holders or stands to present cylindrical or frustoconical member. Preferably the tree
the tree and enable it to be decorated with any desired items. retaining member comprises a cylindrical member, and may
Particularly it is known at Christmas time to place cuttrees, be connected concentrically within the fluid reservoir to the
closed end thereof.
usually fir or spruce trees, in Christmas tree stands so that the 15 Preferably the tree retaining member is the sole means for
Christmas tree may be presented in a domestic environment retaining a tree in the tree stand. Thus preferably, a tree
and decorated with appropriate Christmas decorations. inserted into the tree retaining member is solely retained by
There are various types of stands available for securing a abutment of the tree with the interior surface of the tree
Christmas tree. One commonly used type of stand is a cut-out retaining member and gripping means. Thus preferably the
section of a tree trunk which has a recess cut or bored partway tree retaining member does not comprise mechanical means
through the section. The cut trunk end of a Christmas tree is to retain a tree. Thus in order to retain a tree in the tree stand
simply inserted into the recess in the stand. The weight of the a user does not have to effect operation of any mechanical
cut-out section effects stabilization of the Christmas tree and means such as screws or bolts, and does not therefore have to
reduces the chance of the tree toppling. The circumference of kneel or bend to the ground level to insert and retain the tree.
the Christmas tree is usually chosen to be substantially iden 25 Additionally or alternatively the tree stand may comprise a
tical or slightly larger than the circumference of the recess in diaphragm on which is mounted a tree retaining member. The
the stand, to enable a Snug fit of the tree in the stand. tree retaining member may comprise an aperture within the
A problem with the above mentioned type of stand is that, diaphragm. The tree retaining member may comprise a Sub
due to the Snug fit of the Christmas tree in the recess, there is stantially cylindrical member or a Substantially frustoconical
no provision for a water reservoir which will enable the cut 30 member mounted within the diaphragm. Suitably, the tree
end of the tree to draw water and increase the working lifetime retaining member is positioned concentrically within the dia
of the tree. phragm.
A second known type of stand comprises a generally cylin The diaphragm is preferably arranged to be detachably
drical tube having a number of apertures into which can be connectable to the fluid reservoir, in use. Alternatively the
threaded screws, and when a tree is inserted into the stand, the 35 diaphragm may be arranged to be immovably fixed to the fluid
screws may be inserted such that they protrude into the cyl reservoir, in use.
inder and abut the trunk of the tree in order to tightly restrain Suitably, the diaphragm is substantially circular in plan.
the tree in the stand. The stand is commonly connected to, or Suitably, the diaphragm comprises a body region and an edge
forms part of a weighted base member which helps to prevent region. Suitably, the edge region is arrangeable to in use
the tree and stand from toppling over in use. 40 contact an edge of the aperture of the fluid reservoir when the
A disadvantage with this type of stand is the need for a user diaphragm is arranged with the fluid reservoir.
to bend over or kneel in order to loosen and tighten screws Suitably, the edge region of the diaphragm is arranged to be
once a tree has been inserted. This is particularly problemati push fit within the aperture of the fluid reservoir. Suitably, the
cal for elderly or infirm persons. Furthermore, the screws edge region of the diaphragm is arranged to extend above
commonly work loose over a period of time, especially if the 45 and/or below the body of diaphragm. Alternatively the edge
tree is agitated, for example when being decorated. region of the diaphragm may be arranged to be push fit on the
It is therefore an aim of preferred embodiments of the outside of the fluid reservoir at or in the region of the aperture
present invention to overcome or mitigate a problem of the of the fluid reservoir.
prior art, whether expressly stated herein or not. Thus fluid from a fluid reservoir is largely prevented from
50 spillage by the diaphragm. Spillage may be a problem when a
SUMMARY OF THE INVENTION tree is transported in place in a tree stand, or if a tree stand is
accidentally knocked or tipped.
According to the present invention there is provided a tree Preferably the diaphragm comprises a passageway therein
stand comprising a fluid reservoir about a tree retaining mem which effects fluid communication between the exterior and
ber, wherein strengthening means are provided between the 55 interior of the fluid reservoir.
fluid reservoir and the tree retaining member. Preferably the diaphragm comprises a plurality of passage
According to a second aspect of the invention, there is ways to effect fluid communication between the exterior and
provided a tree stand comprising a fluid reservoir and a tree interior of the fluid reservoir.
retaining member including tree gripping means, wherein the Suitably, an end of the or each passageway is located at a
tree gripping means comprise at least one projection. 60 relatively low point on the diaphragm when the stand is
According to a third aspect of the invention, there is pro arranged with a fluid reservoir.
vided a tree stand comprising a fluid reservoir and a tree Suitably the passageway or passageways are formed at or
retaining member including spacing means, wherein the near to the tree-retaining member. Suitably, the passageway
spacing means are arranged to in use maintain separation or passageways are formed toward the centre of the dia
between at least part of the end of a tree retained by the tree 65 phragm.
retaining means and a base portion of the tree retaining mem Suitably, the passageways or passageways are defined by a
ber. tube.
US 8,146,291 B2
3 4
Suitably, the tree-retaining member comprises a cut out Suitably, the ribs may comprise guiding means arranged to
section to provide a passageway. In this instance the passage in use assist in the association of a tree with the tree retaining
way is in use defined by the tree and the tree-retaining mem member. Suitably, the guiding means comprise at least one
ber. Suitably, the edge region of the diaphragm comprises a guiding Surface arranged at an angle to the tree retaining
cut out section to provide a passageway. In this instance the 5 member. Suitably, the or each guiding Surface comprises a
passageway is in use defined by the edge region of the dia Substantially planar Surface. Suitably, the or each guiding
phragm and an edge of the aperture of the fluid reservoir. Surface projects upward and outward from the tree retaining
Suitably, the tree-retaining member and/or edge region of the member. Suitably, a guiding Surface is associated with each
diaphragm comprise a plurality of cut out sections. 10
rib.
Suitably, the tree gripping means comprises a plurality of Suitably, the spacing means comprises at least one projec
projections arranged on the interior Surface of the tree retain tion arranged to protrude from the base of the tree retaining
ing member, preferably in radial fashion. member. Suitably, the projection comprises a domed projec
Suitably, the projections comprise veins running Substan tion. Suitably, the projection is arranged concentrically with
tially axially with the tree retaining member. Suitably, the tree 15 the tree retaining member.
gripping means comprises two or more, more preferably three The tree stand may further comprise weighting means.
or more, still more preferably five or more and most prefer Preferably the weighting means comprises a base member
ably ten or more veins. Suitably, the veins are arranged to which may be connected to the fluid reservoir or formed
maintain a degree of separation between the tree trunk and integrally with the fluid reservoir.
portions of the interior surface of the tree retaining member. Preferably the base member comprises a plurality of legs,
The projections may include a sharp or pointed portion which in use, are arranged to engage a surface on which the
arranged in use to at least partially penetrate the trunk of a tree tree stand is mounted.
inserted into the tree retaining member. The tree stand may be of any suitable material, but is
Preferably the cylindricallength of the tree retaining mem preferably metal (including alloy) and is more preferably
ber is substantially identical to or less than the cylindrical 25 constructed from iron, cast iron, aluminium or stainless steel.
length of the fluid reservoir. According to a fourth aspect of the present invention there
In a preferred embodiment the fluid reservoir and tree is provided a kit comprising a tree stand of the first, second or
retaining member both comprise generally cylindrical mem third aspect of the invention and a tree.
bers with the tree retaining member being connected concen Preferably the tree is a cut tree suitable for use as a Christ
trically within the fluid reservoir to the closed end of the fluid 30
maStree.
reservoir.
Suitably, the fluid reservoir and tree retaining member are Suitably the cut tree comprises a trunk which in the region
in fluid communication. Preferably the tree retaining member of the cut end thereof, has a circumference substantially iden
comprises an aperture therein which effects fluid communi tical to the interior circumference of the tree retaining mem
ber.
cation between the tree retaining member and the fluid reser 35
According to a fifth aspect of the present invention there is
voir.
Suitably, the aperture is formed at or near to the portion of provided a method of securing a cut tree in a tree stand, the
the tree retaining member connected to the fluid reservoir. method comprising the steps of
There may be a plurality of apertures in the tree retaining (a) providing a tree stand comprising a fluid reservoir about
member, each aperture effecting fluid communication 40 a tree retaining member, wherein strengthening means
between the reservoir and tree retaining member. are provided between the fluid reservoir and the tree
Suitably, the strengthening means comprises a rib. Suit retaining member;
ably, the strengthening means comprises a plurality of ribs. (b) shaping a portion of the trunk of the cut tree at the cut
Suitably, the strengthening means comprises at least three, end of the tree such that its surface dimensions are sub
preferably at least four ribs. Suitably, the ribs are disposed at 45 stantially identical to the interior dimensions of the tree
substantially even intervals about the tree retaining member. retaining member; and
Suitably, the ribs are substantially identical. (c) inserting the shaped portion of the trunk into the tree
Suitably, the ribs extend from the tree retaining member retaining member Such that the tree is secured to the
toward the fluid reservoir. Suitably, the ribs connect between interior of the tree retaining member by abutment of the
the tree retaining member and the fluid reservoir. Suitably, the 50 tree with the interior surface of the tree retaining mem
ribs protrude from the closed end of the fluid reservoir. ber.
Suitably, the ribs comprise sheet material. The ribs may According to a sixth aspect of the present invention there is
comprise Substantially planar pieces of sheet material. The provided a method of securing a cut tree in a tree stand, the
ribs may comprise open channels. The open channels may method comprising the steps of
comprise a curved end portion. The ribs may comprise tubes, 55 (a) providing a tree stand comprising a fluid reservoir and
or bars of material. The ribs may comprise at least part of the a tree retaining member including tree gripping means,
fluid reservoir; and may beformed from part of the base of the wherein the tree gripping means comprise at least one
fluid reservoir. projection;
The ribs may comprise hollow ribs. The hollow ribs may be (b) shaping a portion of the trunk of the cut tree at the cut
in fluid communication with the tree retaining member, pref 60 end of the tree such that its surface dimensions are sub
erably by means of a mutual aperture. Preferably the hollow stantially identical to the interior dimensions of the tree
rib comprises means to effect fluid communication between retaining member; and
the fluid reservoir and the tree retaining member. The means (c) inserting the shaped portion of the trunk into the tree
may comprise one or more aperture in the rib wall. retaining member Such that the tree is secured to the
The hollow ribs may beformed from shaped portions of the 65 interior of the tree retaining member by abutment of the
fluid reservoir, preferably shaped portions of the base of the tree with the interior surface of the tree retaining mem
fluid reservoir. ber.
US 8,146,291 B2
5 6
According to a seventh aspect of the present invention there FIG. 11 illustrates a sectional view of the embodiment of
is provided a method of securing a cut tree in a tree stand, the FIGS. 7 to 10 about the line B-B looking in the direction of the
method comprising the steps of arrows; and
(a) providing a tree stand comprising a fluid reservoir and FIG. 12 illustrates a fluid reservoir useful in the invention.
a tree retaining member including spacing means
arranged to in use maintain separation between at least DESCRIPTION OF THE PREFERRED
EMBODIMENT
part of the end of the curt tree retained by the tree
retaining means and a base portion of the tree retaining
member; Referring to FIGS. 1 to 3 a tree stand 2 comprises a weight
(b) shaping a portion of the trunk of the cut tree at the cut 10 ing means in the form of a base 10 which includes four legs
end of the tree such that its surface dimensions are sub 12. Connected to the base 10 is a fluid reservoir 4 which is
cylindrical in shape. Connected concentrically within the
stantially identical to the interior dimensions of the tree fluid reservoir 4 on the base 10, is a tree retaining member 6
retaining member; and which is cylindrical in shape. Between the tree retaining
(c) inserting the shaped portion of the trunk into the tree 15 member 6 and the fluid reservoir are ribs 20 made up from
retaining member Such that the tree is secured to the Substantially planar sheet material. The tree retaining mem
interior of the tree retaining member by abutment of the ber 6 comprises an aperture 8 located at the connection
tree with the interior surface of the tree retaining mem between the retaining member 6 and the base 10, which
ber. allows fluid communication between the retaining member 6
The tree may therefore be gripped by the gripping means and the fluid reservoir 4. The tree retaining member 6 further
within the tree retaining member to more securely hold the comprises tree gripping means 14 to help hold the tree in
tree in the tree stand. place.
The tree may therefore be at least partially separated from In use, a tree, such as a Christmas tree, which has been cut
the base of the tree retaining member by the spacing means to down by any Suitable means, first has its trunk, at the cut end
allow fluid access to a complementary portion of the base of 25 thereof, shaped to substantially the identical circumference as
the tree. the interior circumference of the retaining member 6.
By "cut tree' we mean a tree which has been cut by any The cut end of the tree is then inserted into the retaining
suitable means to provide a cut end of the trunk of the tree member 6. As the circumference of the cut end of the tree is
distal to the apex of the tree. Thus trees may be cut by chop substantially identical to the interior circumference of the
ping, cutting, sawing and the like for example. 30 retaining member 6, the tree is held tight in the tree stand 2
The cut end of the trunk of the tree may be shaped by any without the need to use any mechanical means such as screws,
Suitable means, including sawing, chopping, shaving, planing bolts or the like, to secure the tree in the stand and prevent it
or the like. moving about within the stand. As mechanical means are not
Preferably the method further comprises the step of adding needed to secure the tree, the tree stand of the embodiment
water to the fluid reservoir, and water may be added to partly 35 shown in FIGS. 1-3 is easy to use and a tree can be inserted
or completely fill the reservoir. without the user having to bend down to ground level and
Preferably the tree stand is as described for the first or actuate mechanical means. Thus the tree stand 2 is particu
second aspect of the invention. larly suited for use to elderly and infirm persons.
The tree gripping means 14 comprises a plurality of pro
BRIEF DESCRIPTION OF THE DRAWINGS 40 jections arranged around the interior Surface of the tree retain
ing member 6. The projections comprise veins running Sub
For a better understanding of the various aspects of the stantially axially with the tree retaining member arranged to
invention, and to show how embodiments of the same may be maintain a degree of separation between the tree trunk and
put into practice, a specific embodiment will now be portions of the interior surface of the tree retaining member 6.
described, with reference to the accompanying drawings, in 45 In use the veins can grip the Surface of a tree trunk to prevent
which: rotation of the tree about its axis relative to the tree stand 2,
FIG. 1 illustrates an upper perspective view of a first pre and resist lifting of the tree relative to the tree stand 2. Fur
ferred embodiment of the tree stand of the invention; thermore, the separation between certain portions of the tree
FIG. 2 illustrates a side sectional view of the embodiment trunk and the tree retaining member 6 allows fluid to move
shown in FIG. 1; 50 within the tree retaining member 6.
FIG. 3 illustrates a plan view of the embodiment of FIGS. When the tree has been inserted into the stand 2, water is
1 and 2: then poured into the fluid reservoir 4 to a desired level. The
FIG. 4 illustrates an upper perspective view of a second presence of the aperture 8 in the retaining member 6 allows
preferred embodiment of the tree stand of the invention; water to flow into the interior of the retaining member 6
FIG. 5 illustrates a lower perspective view of the embodi 55 around the cut end of the tree. Thus water can be absorbed
ment of FIG. 1; through the cut end of the tree in order to increase the useful
FIG. 6 illustrates an upper perspective view of a third life of the tree, and reduce dehydration of the tree.
preferred embodiment of the tree stand of the invention; The base 10 of the stand 2 helps to weight the stand 2 and
FIG. 7 illustrates an upper perspective view of a fourth tree to prevent the tree from toppling in use or when.
preferred embodiment of the tree stand of the invention; 60 The ribs 20 strengthen the stand 2, and reduce the likeli
FIG. 8 illustrates a lower perspective view of the embodi hood that the tree retaining member is damaged when the tree
ment of FIG. 7: is inserted, or when the tree is agitated or accidentally
FIG. 9 illustrates a plan view of the embodiment of FIGS. knocked.
7 and 8: FIGS. 4 and 5 show a second tree stand 22 comprising a
FIG. 10 illustrates a sectional view of the embodiment of 65 tree retaining member 6 and a fluid reservoir 4, and a base 10,
FIGS. 7 to 9 about the line A-A looking in the direction of the along with four ribs 20 and a slot 18. The fluid reservoir 4 is
arrows; a Substantially frustoconical shape closed at one end by the
US 8,146,291 B2
7 8
base 10, and open at the other end. The fluid reservoir 4 thereby maintaining a space between the rest of the base of the
includes a ledge 36, arranged to co-operate with an edge of a tree trunk and the tree retaining member. In this way water
separate diaphragm (not shown). The tree retaining member present in the tree retaining member may be taken up by the
is substantially cylindrical, and includes a slot 18 cut in the tree, as water is not denied access to the base of the tree trunk
curved surface to allow fluid communication between the tree by virtue of the abutment of the whole of the tree trunk with
retaining member 6 and the fluid reservoir 4. Additional slots the base of the tree retaining member.
or apertures may be provided in the tree retaining member to Referring now to FIG. 12, a tree stand of the invention is
allow fluid communication between other portions of the shown in more detail. A fluid reservoir 34 comprises an aper
fluid reservoir 4 and the tree retaining member 6. ture 38, the edge of which may be arranged to complement the
The ribs 20 are disposed at right angles to one another 10 edge of a diaphragm (not shown) to ensure a water tight seal
around the tree retaining member 6, and extend across the at the interface of the fluid reservoir 34 and the edge of the
base 10 to couple the tree retaining member 6 to the fluid diaphragm. Also shown in FIG. 12 is a ledge 36. The ledge 36
reservoir 4. The ribs 20 comprise hollow, arched channels of can help Support a diaphragm while in use with the fluid
sheet material to give strength without adding significantly to reservoir 34 and acts as a stop to prevent a diaphragm from
the amount of material needed to form the tree stand 22. 15 passing too far within the fluid reservoir 34. FIG. 12 also
In alternative embodiments the ribs 20 may be connected shows a tree base-retaining means 70 formed at the centre of
between the tree retaining member 6 and the fluid reservoir 4 a base of the fluid reservoir (including gripping means on the
without contacting the base, or with cut-out sections arranged inside thereof, not shown). The fluid reservoir 34 also
to allow fluid free passage around the base 10. The ribs 20 includes strengthening means extending from the base-retail
may include means to effect fluid communication between ing means 70 to the bottom of the fluid reservoir 34.
the reservoir 4 and tree retaining member 6, Such as an aper The readers attention is directed to all papers and docu
ture for example. ments which are filed concurrently with or previous to this
Referring now to FIG. 6there is shown a third tree stand 23 specification in connection with this application and which
according to a preferred embodiment of the present invention. are open to public inspection with this specification, and the
The tree retaining member 6 comprises a Substantially frus 25 contents of all such papers and documents are incorporated
toconical member 25 mounted within a diaphragm 24. herein by reference.
The diaphragm 24 is detachably coupled to a fluid reservoir All of the features disclosed in this specification (including
4 by push fitting into an open end of the fluid reservoir 4. The any accompanying claims, abstract and drawings), and/or all
tree retaining member 6 includes tree gripping means 14 of the steps of any method or process so disclosed, may be
comprising a plurality of projections arranged around the 30 combined in any combination, except combinations where at
interior surface of the tree retaining member 6. least Some of Such features and/or steps are mutually exclu
In addition to the tree retaining member 6 of the dia sive.
phragm, a tree retaining member 6 may be provided in the Each feature disclosed in this specification (including any
base 10 of the fluid reservoir 4. The fluid reservoir 4 may accompanying claims, abstract and drawings), may be
comprise the tree stand 2 or 22 of the first or second preferred 35 replaced by alternative features serving the same, equivalent
embodiments. or similar purpose, unless expressly stated otherwise. Thus,
FIGS.9 to 11 show a fourth tree stand 26 comprising a tree unless expressly stated otherwise, each feature disclosed is
retaining member 6 and a fluid reservoir 4, and a base 10, one example only of a generic series of equivalent or similar
along with four strengthening ribs 20. The fluid reservoir 4 is features.
a Substantially frustoconical shape closed at one end by the 40 The invention is not restricted to the details of the foregoing
base 10, and open at the other end. The tree retaining member embodiments(). The invention extend to any novel one, or
is Substantially cylindrical. any novel combination, of the features disclosed in this speci
The ribs 20 are disposed at right angles to one another fication (including any accompanying claims, abstract and
around the tree retaining member 6, and extend across the drawings), or to any novel one, or any novel combination, of
base 10 to couple the tree retaining member 6 to the fluid 45 the steps of any method or process so disclosed.
reservoir 4. The ribs 20 comprise hollow, arched channels of
sheet material to give strength without adding significantly to The invention claimed is:
the amount of material needed to form the tree stand 22. The 1. A tree stand comprising:
ribs form part of the fluid reservoir 4. a fluid reservoir about a tree retaining member including
The ribs 20 comprise guiding means 30 that couple to the 50 tree gripping means,
tree retaining member 6. The guiding means 30 comprise wherein the fluid reservoir comprises a cylindrical or frus
Substantially planar Surfaces that project upwardly and out toconical member being closed at one end thereof by a
wardly from an upper portion of the tree retaining member 6 base,
at an angle of approximately 30 degrees to the vertical. As a wherein the tree retaining member is connected to the base,
tree is inserted into the tree stand 26 it may be imperfectly 55 wherein the tree retaining member comprises an aperture
aligned with the tree retaining member 6, either by rotation located at a connection between the retaining member
ally or positionally. In these circumstances the trunk of the and the base and the tree retaining member comprises a
tree may contact the guiding means 30 and thereby be guided substantially cylindrical hollow member,
toward and into the tree retaining member 6 as the tree is wherein the tree gripping means comprises a plurality of
lowered. 60 projections arranged on the interior Surface of the tree
The tree stand 26 further includes spacing means compris retaining member and extending in a radial fashion,
ing a projection 40 arranged to protrude from the base of the inwardly from an interior surface of the tree retaining
tree retaining member 6. The projection 40 comprises a hol member,
low dome formed in the base of the tree retaining member and wherein the projections run substantially axially with the
arranged concentrically with the tree retaining member. 65 tree retaining member and include a sharp or pointed
When a tree is positioned within the tree retaining member 6 portion to at least partially penetrate the trunk of a tree
a portion of the base of the tree trunk abuts the projection 6, inserted into the tree retaining member, and
US 8,146,291 B2
9 10
wherein the tree retaining member is configured to hold a a tree trunk inserted into the tree stand, and portions of the
tree inserted therein without using any moveable interior surface of the tree retaining member.
mechanical means in the form of screws or bolts by 4. A tree stand as claimed in claim 1 wherein the fluid
resisting lifting of a tree inserted therein relative to the reservoir and tree retaining member are in fluid communica
tree stand. tion.
2. A tree stand as claimed in claim 1, wherein the tree 5. A tree stand as claimed in claim 1, wherein the aperture
retaining member does not Substantially protrude from the comprises a slot cut in a curved surface of the tree retaining
fluid reservoir. member.
3. A tree stand as claimed in claim 1, wherein the projec
tions are arranged to maintain a degree of separation between
USOO8881451 B2
(12) United States Patent (10) Patent No.: US 8,881.451 B2

NOblett (45) Date of Patent: Nov. 11, 2014
(54) TREE STANDS (56) References Cited
(76) Inventor: Joseph Noblett, Chorley (GB) U.S. PATENT DOCUMENTS

2,750,138 A 6, 1956 Morris
(*) Notice: Subject to any disclaimer, the term of this 3,862,733. A 1, 1975 Sullivan
patent is extended or adjusted under 35 3,987,996 A 10, 1976 YOcca
U.S.C. 154(b) by 0 days. 4,585,201 A 4, 1986 Pursell
4,610,356 A * 9/1986 Porter et al. .................. 206,423
5,482,245 A 1/1996 Graves
(21) Appl. No.: 13/405,445 5,743,508 A * 4/1998 Fiveash ......................... 248/527
6,568,127 B1 5/2003 Kalman et al.
(22) Filed: Feb. 27, 2012 2004/0045216 A1 3/2004 Fiveash .......................... 47/405
(65) Prior Publication Data FOREIGN PATENT DOCUMENTS
US 2012/O151837 A1 Jun. 21, 2012 BE 1003629 A3 5, 1992

EP O 369 633 A1 5, 1990
FR 228O346 2, 1976
GB 2384 697 A 8, 2003
Related U.S. Application Data
* cited by examiner
(63) Continuation of application No. 10/565,758, filed as Primary Examiner — Trinh Nguyen
application No. PCT/GB2004/000893 on Mar. 3, (74) Attorney, Agent, or Firm — NSIP Law
2004, now Pat. No. 8,146,291.
(57) ABSTRACT
(30) Foreign Application Priority Data A tree stand is described including a fluid reservoir of a tree
retaining member including tree gripping means. The grip
Aug. 6, 2003 (GB) ..... ... O318372.O ping means comprises projections arranged on an interior
Sep. 2, 2003 (GB) ... ... O32O545.7 Surface of the tree retaining member and extending in a radial
Oct. 10, 2003 (GB) ... ... 0323,755.9 fashion, inwardly from the interior surface of the tree retain
Oct. 16, 2003 (GB) ................................... O324240.1 ing member. The projections run Substantially axially within
the tree retaining member and include a sharp or pointed
(51) Int. Cl. portion to at least partially penetrate the trunk of a tree
A47G-33/12 (2006.01) inserted into the tree retaining member. The tree retaining
(52) U.S. Cl. member is configured to hold a tree inserted therein by resist
CPC ........ A47G 33/12 (2013.01); A47G2033/1286 ing lifting of a tree inserted therein relative to the tree stand,
(2013.01) without using moveable mechanical means comprising
USPC ........................................................... 47/40.5 screws or bolts. The tree retaining member is connected to a
(58) Field of Classification Search base. The tree stand also includes strengthening means con
USPC ......... 47/40.5, 41.01, 41.15, 42, 43; 248/523, figured between the fluid reservoir and the tree retaining
248/903, 529, 524,527 member. The strengthening means comprises hollow ribs.
See application file for complete search history. 9 Claims, 9 Drawing Sheets
U.S. Patent Nov. 11, 2014 Sheet 1 of 9 US 8,881.451 B2


Fig. 4
U.S. Patent Nov. 11, 2014 Sheet 5 Of 9 US 8,881.451 B2

r 4.
36
40
| 6
1O
U.S. Patent Nov. 11, 2014 Sheet 9 Of 9 US 8,881.451 B2

US 8,881,451 B2
1. 2
TREE STANDS According another aspect, there is provided a tree stand
including a fluid reservoir and a tree retaining member includ
PRIORITY ing tree gripping means. The tree gripping means include at
least one projection.
This application is a Continuation Application of U.S. 5 According to an aspect, there is provided a tree stand
patent application Ser. No. 10/565,758, now U.S. Pat. No. including a fluid reservoir and a tree retaining member includ
8,146,291, which is the National Stage of International Appli ing spacing means. The spacing means are arranged to in use
cation No. PCT/GB04/00893, filed Mar. 3, 2004 and pub maintain separation between at least part of the end of a tree
lished as WO2005/016087 on Feb. 24, 2005, which claims the retained by the tree retaining means and a base portion of the
benefit of UK Patent Application Nos. 0318372.0, 10
tree retaining member.
0320545.7, 0323755.9, and 0324240.1, filed on Aug. 6, 2003, The tree stand of the invention may include a combination
Sep. 2, 2003, Oct. 10, 2003, and Oct. 16, 2003, respectively, two or more of tree gripping means as described herein;
the entire disclosures of which are incorporated herein by strengthening means as described herein; and spacing means
reference for all purposes. as described herein.
15
BACKGROUND OF THE INVENTION Suitably the tree retaining member is mounted within the
fluid reservoir. The tree retaining member does not substan
1. Field of the Invention tially protrude from the fluid reservoir.
This invention relates to tree stands, and in particular, but The fluid reservoir includes a cylindrical or frustoconical
not exclusively to Christmas tree stands. The invention also member being closed at one end thereof, and the tree retaining
extends to a kit; and a method of securing a tree to a tree stand. member is connected to the closed end of the cylindrical or
2. Background frustoconical member. The tree retaining member includes a
It is known to place cut trees in holders or stands to present cylindrical member, and may be connected concentrically
the tree and enable it to be decorated with any desired items. within the fluid reservoir to the closed end thereof.
Particularly it is known at Christmas time to place cuttrees, 25 The tree retaining member is the Sole means for retaining a
usually fir or spruce trees, in Christmas tree stands so that the tree in the tree stand. Thus preferably, a tree inserted into the
Christmas tree may be presented in a domestic environment tree retaining member is solely retained by abutment of the
and decorated with appropriate Christmas decorations. tree with the interior surface of the tree retaining member and
There are various types of stands available for securing a gripping means. Thus The tree retaining member does not
Christmas tree. One commonly used type of stand is a cut-out 30 include mechanical means to retain a tree. Thus in order to
section of a tree trunk which has a recess cut or bored partway retain a tree in the tree stand a user does not have to effect
through the section. The cut trunk end of a Christmas tree is operation of any mechanical means such as screws or bolts,
simply inserted into the recess in the stand. The weight of the and does not therefore have to kneel or bend to the ground
cut-out section effects stabilization of the Christmas tree and level to insert and retain the tree.
reduces the chance of the tree toppling. The circumference of 35 Additionally or alternatively the tree stand may include a
the Christmas tree is usually chosen to be substantially iden diaphragm on which is mounted a tree retaining member. The
tical or slightly larger than the circumference of the recess in tree retaining member may include an aperture within the
the stand, to enable a Snug fit of the tree in the stand. diaphragm. The tree retaining member may include a Sub
A problem with the above mentioned type of stand is that, stantially cylindrical member or a Substantially frustoconical
due to the Snug fit of the Christmas tree in the recess, there is 40 member mounted within the diaphragm. The tree retaining
no provision for a water reservoir which will enable the cut member is positioned concentrically within the diaphragm.
end of the tree to draw water and increase the working lifetime The diaphragm is preferably arranged to be detachably
of the tree. connectable to the fluid reservoir, in use. Alternatively the
A second known type of stand comprises a generally cylin diaphragm may be arranged to be immovably fixed to the fluid
drical tube having a number of apertures into which can be 45 reservoir, in use.
threaded screws, and when a tree is inserted into the stand, the The diaphragm is substantially circular in plan. The dia
screws may be inserted such that they protrude into the cyl phragm includes a body region and an edge region. The edge
inder and abut the trunk of the tree in order to tightly restrain region is arrangeable to in use contact an edge of the aperture
the tree in the stand. The stand is commonly connected to, or of the fluid reservoir when the diaphragm is arranged with the
forms part of a weighted base member which helps to prevent 50 fluid reservoir.
the tree and stand from toppling over in use. The edge region of the diaphragm is arranged to be push fit
A disadvantage with this type of stand is the need for a user within the aperture of the fluid reservoir. The edge region of
to bend over or kneel in order to loosen and tighten screws the diaphragm is arranged to extend above and/or below the
once a tree has been inserted. This is particularly problemati body of diaphragm.
cal for elderly or infirm persons. Furthermore, the screws 55 The edge region of the diaphragm may be arranged to be
commonly work loose over a period of time, especially if the push fit on the outside of the fluid reservoir at or in the region
tree is agitated, for example when being decorated. of the aperture of the fluid reservoir.
It is therefore, at least, an aim of the embodiments to Thus fluid from a fluid reservoir is largely prevented from
overcome or mitigate a problem of the prior art, whether spillage by the diaphragm. Spillage may be a problem when a
expressly stated herein or not. 60 tree is transported in place in a tree stand, or if a tree stand is
accidentally knocked or tipped.
SUMMARY The diaphragm includes a passageway therein which
effects fluid communication between the exterior and interior
According to an aspect, there is provided a tree stand com of the fluid reservoir.
prising a fluid reservoir about a tree retaining member. 65 The diaphragm includes a plurality of passageways to
Strengthening means are provided between the fluid reservoir effect fluid communication between the exterior and interior
and the tree retaining member. of the fluid reservoir.
US 8,881,451 B2
3 4
An end of each passageway is located at a relatively low The hollow ribs may beformed from shaped portions of the
point on the diaphragm when the standis arranged with a fluid fluid reservoir, preferably shaped portions of the base of the
reservoir. fluid reservoir.
The passageway or passageways are formed at or near to The ribs may include guiding means arranged to in use
the tree-retaining member. The passageway or passageways assist in the association of a tree with the tree retaining mem
are formed toward the centre of the diaphragm. ber. The guiding means include at least one guiding Surface
The passageways or passageways are defined by a tube. arranged at an angle to the tree retaining member. Suitably, of
The tree-retaining member includes a cut out section to each guiding Surface includes a Substantially planar Surface.
provide a passageway. In this instance the passageway is in Suitably, of each guiding Surface projects upward and out
use defined by the tree and the tree-retaining member. The 10
ward from the tree retaining member. Suitably, a guiding
edge region of the diaphragm includes a cut out section to Surface is associated with each rib.
provide a passageway. In this instance the passageway is in The spacing means includes at least one projection
use defined by the edge region of the diaphragm and an edge arranged to protrude from the base of the tree retaining mem
of the aperture of the fluid reservoir. The tree-retaining mem
ber and/or edge region of the diaphragm include a plurality of 15 ber. The projection includes a domed projection. The projec
cut out sections. tion is arranged concentrically with the tree retaining mem
The tree gripping means includes a plurality of projections ber.
arranged on the interior Surface of the tree retaining member, The tree stand may further include weighting means. The
preferably in radial fashion. weighting means includes a base member which may be
The projections include veins running Substantially axially connected to the fluid reservoir or formed integrally with the
with the tree retaining member. The tree gripping means fluid reservoir.
includes two or more, more preferably three or more, still The base member includes a plurality of legs, which in use,
more preferably five or more and most preferably ten or more are arranged to engage a surface on which the tree stand is
veins. The veins are arranged to maintain a degree of separa mounted.
tion between the tree trunk and portions of the interior surface 25 The tree stand may be of any suitable material, but is
of the tree retaining member. preferably metal (including alloy) and is more preferably
The projections may include a sharp or pointed portion constructed from iron, cast iron, aluminium or stainless steel.
arranged in use to at least partially penetrate the trunk of a tree According to an aspect, there is provided a kit including a
inserted into the tree retaining member. tree stand of the first, second or third aspect of the invention
The cylindrical length of the tree retaining member is sub 30 and a tree.
stantially identical to or less than the cylindrical length of the The tree is a cut tree suitable for use as a Christmas tree.
fluid reservoir. The cuttree includes a trunk which in the region of the cut
The fluid reservoir and tree retaining member both include end thereof, has a circumference substantially identical to the
generally cylindrical members with the tree retaining mem interior circumference of the tree retaining member.
ber being connected concentrically within the fluid reservoir 35 According to an aspect, there is provided a method of
to the closed end of the fluid reservoir. securing a cut tree in a tree stand, the method including:
The fluid reservoir and tree retaining member are in fluid (a) providing a tree stand including a fluid reservoir about
communication. The tree retaining member includes an aper a tree retaining member, wherein strengthening means
ture therein which effects fluid communication between the are provided between the fluid reservoir and the tree
tree retaining member and the fluid reservoir. 40 retaining member;
The aperture is formed at or near to the portion of the tree (b) shaping a portion of the trunk of the cut tree at the cut
retaining member connected to the fluid reservoir. end of the tree such that its surface dimensions are sub
There may be a plurality of apertures in the tree retaining stantially identical to the interior dimensions of the tree
member, each aperture effecting fluid communication retaining member; and
between the reservoir and tree retaining member. 45 (c) inserting the shaped portion of the trunk into the tree
The strengthening means includes a rib. The strengthening retaining member Such that the tree is secured to the
means includes a plurality of ribs. The strengthening means interior of the tree retaining member by abutment of the
includes at least three, preferably at least four ribs. The ribs tree with the interior surface of the tree retaining mem
are disposed at substantially even intervals about the tree ber.
retaining member. The ribs are substantially identical. 50 According to an aspect, there is provided a method of
The ribs extend from the tree retaining member toward the securing a cut tree in a tree stand, the method including:
fluid reservoir. The ribs connect between the tree retaining (a) providing a tree stand including a fluid reservoir and a
member and the fluid reservoir. The ribs protrude from the tree retaining member including tree gripping means,
closed end of the fluid reservoir. wherein the tree gripping means include at least one
The ribs include sheet material. The ribs may include sub 55 projection;
stantially planar pieces of sheet material. The ribs may (b) shaping a portion of the trunk of the cut tree at the cut
include open channels. The open channels may include a end of the tree such that its surface dimensions are sub
curved end portion. The ribs may include tubes, or bars of stantially identical to the interior dimensions of the tree
material. The ribs may include at least part of the fluid reser retaining member; and
voir; and may be formed from part of the base of the fluid 60 (c) inserting the shaped portion of the trunk into the tree
reservoir. retaining member Such that the tree is secured to the
The ribs may include hollow ribs. The hollow ribs may be interior of the tree retaining member by abutment of the
in fluid communication with the tree retaining member, pref tree with the interior surface of the tree retaining mem
erably by means of a mutual aperture. The hollow rib includes ber.
means to effect fluid communication between the fluid reser 65 According to a seventh aspect of the present invention there
Voir and the tree retaining member. The means may include is provided a method of securing a cut tree in a tree stand, the
one or more aperture in the rib wall. method including:
US 8,881,451 B2
5 6
(a) providing a tree stand including a fluid reservoir and a FIG. 11 illustrates a sectional view of the embodiment of
tree retaining member including spacing means FIGS. 7 to 10 about the line B-B looking in the direction of the
arranged to in use maintain separation between at least arrows; and
part of the end of the cut tree retained by the tree retain FIG. 12 illustrates a fluid reservoir useful in the invention.
ing means and a base portion of the tree retaining mem
ber; DETAILED DESCRIPTION OF EXEMPLARY
EMBODIMENTS
(b) shaping a portion of the trunk of the cut tree at the cut
end of the tree such that its surface dimensions are sub
stantially identical to the interior dimensions of the tree Referring to FIGS. 1 to 3 a tree stand 2 comprises a weight
retaining member; and 10 ing means in the form of a base 10 which includes four legs
12. Connected to the base 10 is a fluid reservoir 4 which is
(c) inserting the shaped portion of the trunk into the tree cylindrical in shape. Connected concentrically within the
retaining member Such that the tree is secured to the fluid reservoir 4 on the base 10, is a tree retaining member 6
interior of the tree retaining member by abutment of the which is cylindrical in shape. Between the tree retaining
tree with the interior surface of the tree retaining mem 15 member 6 and the fluid reservoir are ribs 20 made up from
ber. Substantially planar sheet material. The tree retaining mem
The tree may therefore be gripped by the gripping means ber 6 comprises an aperture 8 located at the connection
within the tree retaining member to more securely hold the between the retaining member 6 and the base 10, which
tree in the tree stand. allows fluid communication between the retaining member 6
The tree may therefore be at least partially separated from and the fluid reservoir 4. The tree retaining member 6 further
the base of the tree retaining member by the spacing means to comprises tree gripping means 14 to help hold the tree in
allow fluid access to a complementary portion of the base of place.
the tree. In use, a tree, such as a Christmas tree, which has been cut
By "cut tree' we mean a tree which has been cut by any down by any Suitable means, first has its trunk, at the cut end
25 thereof, shaped to substantially the identical circumference as
suitable means to provide a cut end of the trunk of the tree the interior circumference of the retaining member 6.
distal to the apex of the tree. Thus trees may be cut by chop The cut end of the tree is then inserted into the retaining
ping, cutting, sawing and the like for example. member 6. As the circumference of the cut end of the tree is
The cut end of the trunk of the tree may be shaped by any substantially identical to the interior circumference of the
Suitable means, including sawing, chopping, shaving, planing 30 retaining member 6, the tree is held tight in the tree stand 2
or the like. without the need to use any mechanical means such as screws,
The method further includes the step of adding water to the bolts or the like, to secure the tree in the stand and prevent it
fluid reservoir, and water may be added to partly or com moving about within the stand. As mechanical means are not
pletely fill the reservoir. needed to secure the tree, the tree stand of the embodiment
shown in FIGS. 1-3 is easy to use and a tree can be inserted
35
BRIEF DESCRIPTION OF THE DRAWINGS

without the user having to bend down to ground level and
actuate mechanical means. Thus the tree stand 2 is particu
larly suited for use to elderly and infirm persons.
For a better understanding of the various aspects of the The tree gripping means 14 comprises a plurality of pro
invention, and to show how embodiments of the same may be 40 jections arranged around the interior Surface of the tree retain
put into practice, a specific embodiment will now be ing member 6. The projections comprise veins running Sub
described, with reference to the accompanying drawings, in stantially axially with the tree retaining member arranged to
which: maintain a degree of separation between the tree trunk and
FIG. 1 illustrates an upper perspective view of a first 45 portions of the interior surface of the tree retaining member 6.
embodiment of the tree stand of the invention; In use the veins can grip the Surface of a tree trunk to prevent
FIG. 2 illustrates a side sectional view of the embodiment rotation of the tree about its axis relative to the tree stand 2,
shown in FIG. 1; and resist lifting of the tree relative to the tree stand 2. Fur
thermore, the separation between certain portions of the tree
FIG. 3 illustrates a plan view of the embodiment of FIGS. trunk and the tree retaining member 6 allows fluid to move
1 and 2: 50 within the tree retaining member 6.
FIG. 4 illustrates an upper perspective view of a second When the tree has been inserted into the stand 2, water is
embodiment of the tree stand of the invention; then poured into the fluid reservoir 4 to a desired level.
FIG. 5 illustrates a lower perspective view of the embodi allows The presence of the aperture 8 in the retaining member 6
ment of FIG. 1; water to flow into the interior of the retaining member
55 6 around the cut end of the tree. Thus water can be absorbed
FIG. 6 illustrates an upper perspective view of a third through the cut end of the tree in order to increase the useful
embodiment of the tree stand of the invention; life of the tree, and reduce dehydration of the tree.
FIG. 7 illustrates an upper perspective view of a fourth The base 10 of the stand 2 helps to weight the stand 2 and
embodiment of the tree stand of the invention; tree to prevent the tree from toppling in use or when.
FIG. 8 illustrates a lower perspective view of the embodi 60 hood The ribs 20 strengthen the stand 2, and reduce the likeli
ment of FIG. 7: that the tree retaining member is damaged when the tree
is inserted, or when the tree is agitated or accidentally
FIG. 9 illustrates a plan view of the embodiment of FIGS. knocked.
7 and 8: FIGS. 4 and 5 show a second tree stand 22 comprising a
FIG. 10 illustrates a sectional view of the embodiment of 65 tree retaining member 6 and a fluid reservoir 4, and a base 10,
FIGS. 7 to 9 about the line A-A looking in the direction of the along with four ribs 20 and a slot 18. The fluid reservoir 4 is
arrows; a Substantially frustoconical shape closed at one end by the
US 8,881,451 B2
7 8
base 10, and open at the other end. The fluid reservoir 4 thereby maintaining a space between the rest of the base of the
includes a ledge 36, arranged to co-operate with an edge of a tree trunk and the tree retaining member. In this way water
separate diaphragm (not shown). The tree retaining member present in the tree retaining member may be taken up by the
is substantially cylindrical, and includes a slot 18 cut in the tree, as water is not denied access to the base of the tree trunk
curved surface to allow fluid communication between the tree by virtue of the abutment of the whole of the tree trunk with
retaining member 6 and the fluid reservoir 4. Additional slots the base of the tree retaining member.
or apertures may be provided in the tree retaining member to Referring now to FIG. 12, a tree stand of the invention is
allow fluid communication between other portions of the shown in more detail. A fluid reservoir 34 comprises an aper
fluid reservoir 4 and the tree retaining member 6. ture 38, the edge of which may be arranged to complement the
The ribs 20 are disposed at right angles to one another 10 edge of a diaphragm (not shown) to ensure a water tight seal
around the tree retaining member 6, and extend across the at the interface of the fluid reservoir 34 and the edge of the
base 10 to couple the tree retaining member 6 to the fluid diaphragm. Also shown in FIG. 12 is a ledge 36. The ledge 36
reservoir 4. The ribs 20 comprise hollow, arched channels of can help Support a diaphragm while in use with the fluid
sheet material to give strength without adding significantly to reservoir 34 and acts as a stop to prevent a diaphragm from
the amount of material needed to form the tree stand 22. 15 passing too far within the fluid reservoir 34. FIG. 12 also
In alternative embodiments the ribs 20 may be connected shows a tree base-retaining means 70 formed at the centre of
between the tree retaining member 6 and the fluid reservoir 4 a base of the fluid reservoir (including gripping means on the
without contacting the base, or with cut-out sections arranged inside thereof, not shown). The fluid reservoir 34 also
to allow fluid free passage around the base 10. The ribs 20 includes strengthening means extending from the base-retail
may include means to effect fluid communication between ing means 70 to the bottom of the fluid reserver 34.
the reservoir 4 and tree retaining member 6, Such as an aper The readers attention is directed to all papers and docu
ture for example. ments which are filed concurrently with or previous to this
Referring now to FIG. 6there is shown a third tree stand 23 specification in connection with this application and which
according to an embodiment of the present invention. The tree are open to public inspection with this specification, and the
retaining member 6 comprises a Substantially frustoconical 25 contents of all such papers and documents are incorporated
member 25 mounted within a diaphragm 24. herein by reference.
The diaphragm 24 is detachably coupled to a fluid reservoir All of the features disclosed in this specification (including
4 by push fitting into an open end of the fluid reservoir 4. The any accompanying claims, abstract and drawings), and/or all
tree retaining member 6 includes tree gripping means 14 of the steps of any method or process so disclosed, may be
comprising a plurality of projections arranged around the 30 combined in any combination, except combinations where at
interior surface of the tree retaining member 6. least Some of Such features and/or steps are mutually exclu
In addition to the tree retaining member 6 of the dia sive.
phragm, a tree retaining member 6 may be provided in the Each feature disclosed in this specification (including any
base 10 of the fluid reservoir 4. The fluid reservoir 4 may accompanying claims, abstract and drawings), may be
comprise the tree stand 2 or 22 of the first or second embodi 35 replaced by alternative features serving the same, equivalent
mentS. or similar purpose, unless expressly stated otherwise. Thus,
FIGS.9 to 11 show a fourth tree stand 26 comprising a tree unless expressly stated otherwise, each feature disclosed is
retaining member 6 and a fluid reservoir 4, and a base 10, one example only of a generic series of equivalent or similar
along with four strengthening ribs 20. The fluid reservoir 4 is features.
a Substantially frustoconical shape closed at one end by the 40 The invention is not restricted to the details of the foregoing
base 10, and open at the other end. The tree retaining member embodiment(s). The invention extend to any novel one, or any
is Substantially cylindrical. novel combination, of the features disclosed in this specifi
The ribs 20 are disposed at right angles to one another cation (including any accompanying claims, abstract and
around the tree retaining member 6, and extend across the drawings), or to any novel one, or any novel combination, of
base 10 to couple the tree retaining member 6 to the fluid 45 the steps of any method or process so disclosed.
reservoir 4. The ribs 20 comprise hollow, arched channels of What is claimed is:
sheet material to give strength without adding significantly to 1. A tree stand, comprising:
the amount of material needed to form the tree stand 22. The a fluid reservoir comprising a base having a bottom wall
ribs form part of the fluid reservoir 4. and a side wall and a tree retaining member, wherein
The ribs 20 comprise guiding means 30 that couple to the 50 strengthening means are provided directly from the fluid
tree retaining member 6. The guiding means 30 comprise reservoir to the tree retaining member, the strengthening
Substantially planar Surfaces that project upwardly and out means comprising continuously enclosed hollow ribs
wardly from an upper portion of the tree retaining member 6 extending across the bottom wall from the side wall to
at an angle of approximately 30 degrees to the vertical. As a the tree retaining member,
tree is inserted into the tree stand 26 it may be imperfectly 55 wherein the ribs comprise guiding means arranged to, in
aligned with the tree retaining member 6, either by rotation use, assist in the association of a tree with the tree retain
ally or positionally. In these circumstances the trunk of the ing member, and
tree may contact the guiding means 30 and thereby be guided wherein the guiding means comprise at least one guiding
toward and into the tree retaining member 6 as the tree is Surface arranged at an angle to the tree retaining mem
lowered. 60 ber.
The tree stand 26 further includes spacing means compris 2. The tree stand as recited in claim 1, wherein the tree
ing a projection 40 arranged to protrude from the base of the retaining member is Substantially smooth and cylindrical.
tree retaining member 6. The projection 40 comprises a hol 3. The tree stand as recited in claim 1, wherein the tree
low dome formed in the base of the tree retaining member and retaining member is Substantially cylindrical and comprises
arranged concentrically with the tree retaining member. 65 projections arranged on an interior Surface of the tree retain
When a tree is positioned within the tree retaining member 6 ing member and extending in a radial fashion, inwardly from
a portion of the base of the tree trunk abuts the projection 6, the interior Surface of the tree retaining member, and
US 8,881,451 B2
10
wherein the projections run along with the tree retaining 8. The tree stand as recited in claim 1, wherein the ribs
member and include a portion to hold the trunk of a tree comprise an aperture to effect fluid communication between
inserted into the tree retaining member. the reservoir and tree retaining member.
9. A tree stand, comprising:
4. The tree stand as recited in claim 1, wherein the tree a fluid reservoir comprising a base having a bottom wall
retaining member includes a slot cut in the curved Surface to and a side wall and a tree retaining member, wherein
allow fluid communication between the tree retaining mem strengthening means are provided between the fluid res
ber and the fluid reservoir. ervoir and the tree retaining member, the strengthening
5. The tree stand as recited in claim 1, wherein the ribs means comprising continuously enclosed hollow ribs
comprise hollow, arched channels. 10 extending across the bottom wall from the side wall to
the tree retaining member, wherein the tree stand
6. The tree stand as recited in claim 1, wherein the ribs are excludes a mechanical means to retain the tree,
disposed at right angles to one another around the tree retain wherein the ribs comprise guiding means arranged to, in
ing member, and extend across a base of the tree stand to use, assist in the association of a tree with the tree retain
couple the tree retaining member to the fluid reservoir. ing member, and
15 wherein the guiding means comprise at least one guiding
7. The tree stand as recited in claim 1, wherein the ribs are
connected between the tree retaining member and the fluid Surface arranged at an angle to the tree retaining mem
ber.
reservoir without contacting the base, or with cut-out sections
arranged to allow fluid free passage around the base.
MAIMULTAMINIMUT UNE NOUNNOON MINI
US010080455B2
(12) Noblett
United States Patent (10 ) Patent No.: US 10 ,080,455 B2
(45) Date of Patent: Sep . 25 , 2018
(54) TREE STANDS USPC ....... 47 /40.5 , 41.01, 41.15 , 42 , 43 ; 248/ 523 ,
248 /913 , 529 , 524 , 527
(71) Applicant: Joseph Noblett, Chorley (GB) See application file for complete search history.
(72) Inventor: Joseph Noblett, Chorley (GB ) ( 56 ) References Cited
( * ) Notice : Subject to any disclaimer, the term of this U .S . PATENT DOCUMENTS
patent is extended or adjusted under 35
U .S . C . 154(b ) by 0 days. 2 ,750 ,138 A 6 / 1956 Morris
3 ,862,733 A 1/ 1975 Sullivan
3 , 987 ,996 A 10 / 1976 Yocca
( 21) Appl. No .: 15 /355 ,654 4 ,585 ,201 A 4 /1986 Pursell
4 ,610 ,356 A 9 / 1986 Porter et al.
(22 ) Filed : Nov . 18 , 2016 (Continued )
(65 ) Prior Publication Data FOREIGN PATENT DOCUMENTS
US 2017 /0065116 A1 Mar. 9 , 2017 BE 1003629 A3 5 /1992
Related U .S . Application Data EP 0 369 633 A15 / 1990
(Continued )
(60 ) Division of application No. 14 / 503 , 769, filed on Oct. Primary Examiner – Trinh T Nguyen
1 , 2014 , now abandoned , which is a division of
application No. 13/ 405 , 445 , filed on Feb . 27 , 2012 , (74 ) Attorney , Agent, or Firm — NSIP Law
now Pat. No . 8 , 881, 451, which is a continuation of ABSTRACT
application No . 10 /565,758 , filed as application No . (57)
PCT/GB2004 / 000893 on Mar. 3 , 2004 , now Pat. No. A tree stand is described including a fluid reservoir of a tree
8 , 146 ,291. retaining member including tree gripping means . The grip
ping means comprises projections arranged on an interior
(30 ) Foreign Application Priority Data surface of the tree retaining member and extending in a
radial fashion , inwardly from the interior surface of the tree
Aug . 6 , 2003 (GB ) ................................ . 0318372 . 0 retaining member. The projections run substantially axially
Sep . 2 , 2003 (GB ) . . . . . . . . . . 0320545.7 within the tree retaining member and include a sharp or
Oct. 10 , 2003 (GB ) . . .. . . . . 0323755. 9 pointed portion to at least partially penetrate the trunk of a
Oct . 16 , 2003 (GB ) . . .. .. .. . . . 0324240. 1 tree inserted into the tree retaining member. The tree retain
(51) Int. CI.
ing member is configured to hold a tree inserted therein by
resisting lifting of a tree inserted therein relative to the tree
A47G 33 / 12 ( 2006 . 01) stand , without using moveable mechanical means compris
A01G 7/ 06 ( 2006 .01) ing screws or bolts. The tree retaining member is connected
(52) U . S . CI. to a base . The tree stand also includes strengthening means
CPC ............... A47G 33 / 12 (2013 .01); A01G 7706 configured between the fluid reservoir and the tree retaining
(2013 .01); A476 2033 /1286 (2013 .01 ) member. The strengthening means comprises hollow ribs.
(58 ) Field of Classification Search
??? ................ A47G 33 / 12 ; A476 2033 / 1286 19 Claims, 9 Drawing Sheets
wwwhr
20
US 10 ,Page
080,2455 B2
( 56 ) References Cited
U . S . PATENT DOCUMENTS
5 ,478 ,042 A 12 / 1995 Bliss et al.
5 ,482 ,245 A 1 / 1996 Graves
4 / 1998 Fiveash
5 ,743 ,508 A
6 ,568,127 B1 5 / 2003 Kalman et al.
2004 / 0045216 Al 3 /2004 Fiveash
FOREIGN PATENT DOCUMENTS
FR 2 280 346 A 2 / 1976
GB 2 384 697 A 8 / 2003
U.S. Patent
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US 10 ,080 ,455 B2
TREE STANDS screws commonly work loose over a period of time, espe
cially if the tree is agitated , for example when being deco
CROSS -REFERENCE TO RELATED rated .
APPLICATION (S ) It is therefore , at least, an aim of the embodiments to
5 overcome or mitigate a problem of the prior art, whether
The present application is a Divisional Application of expressly stated herein or not.
U .S . patent application Ser. No. 14 /503,769 , filed Oct. 1 ,
2014 , which is a Divisional Application of U .S . patent SUMMARY
application Ser. No . 13 /405 ,445 , filed Feb . 27 , 2012 , now
U . S . Pat. No. 8, 881,451, issued Nov . 11, 2014 which is a 10 According to an aspect, there is provided a tree stand
Continuation Application of U .S . patent application Ser. No. comprising a fluid reservoir about a tree retaining member.
10 /565 ,758, filed Apr. 18 , 2006 , now U . S . Pat. No. 8 , 146 , Strengthening means are provided between the fluid reser
291, issued Apr. 3, 2012 , which is the National Stage of voir and the tree retaining member.
International Application No. PCT/GB2004 /00893 , filed 15 According another aspect, there is provided a tree stand
Mar. 3, 2004 and published as WO 2005/016087 on Feb . 24 , including a fluid reservoir and a tree retaining member
2005 , which claims the benefit of UK Patent Application including tree gripping means. The tree gripping means
Nos. 0318372 .0 , 0320545 .7 , 0323755. 9 , and 0324240. 1 , include at least one projection .
filed on Aug. 6 . 2003 , Sep . 2 , 2003 , Oct. 10 . 2003 , and Oct. According to an aspect, there is provided a tree stand
16 , 2003 , respectively, the entire disclosures of which are 20 including a fluid reservoir and a tree retaining member
incorporated herein by reference for all purposes. including spacing means. The spacing means are arranged to
in use maintain separation between at least part of the end of
BACKGROUND OF THE INVENTION a tree retained by the tree retaining means and a base portion
of the tree retaining member.
Field of the Invention 25 The tree stand of the invention may include a combination
This invention relates to tree stands, and in particular, but two or more of; tree gripping means as described herein ;
not exclusively to Christmas tree stands . The invention also strengtheningmeans as described herein ; and spacing means
extends to a kit ; and a method of securing a tree to a tree as described herein .
stand . Suitably the tree retaining member is mounted within the
Background 30 fluid reservoir . The tree retaining member does not substan
It is known to place cut trees in holders or stands to t ially protrude from the fluid reservoir.
present the tree and enable it to be decorated
rated with any
with any The fluid reservoir includes a cylindrical or frustoconical
desired items. member being closed at one end thereof, and the tree
Particularly it is known at Christmas time to place cut retaining member is connected to the closed end of the
trees, usually fir or spruce trees , in Christmas tree stands so 35
that the Christmas tree may be presented in a domestic cylindrical or frustoconical member. The tree retaining
environment and decorated with appropriate Christmas member includes a cylindrical member, and may be con
decorations . nected concentrically within the fluid reservoir to the closed
There are various types of stands available for securing a end thereof.
Christmas tree . One commonly used type of stand is a 40 The tree retaining member is the sole means for retaining
cut-out section of a tree trunk which has a recess cut or bored a tree in the tree stand . Thus preferably, a tree inserted into
partway through the section . The cut trunk end of a Christ the tree retaining member is solely retained by abutment of
mas tree is simply inserted into the recess in the stand . The the tree with the interior surface of the tree retaining member
weight of the cut-out section effects stabilization of the and gripping means. Thus The tree retaining member does
Christmas tree and reduces the chance of the tree toppling . 45 not include mechanical means to retain a tree. Thus in order
The circumference of the Christmas tree is usually chosen to to retain a tree in the tree stand a user does not have to effect
be substantially identical or slightly larger than the circum - operation of any mechanical means such as screws or bolts ,
ference of the recess in the stand , to enable a snug fit of the and does not therefore have to kneel or bend to the ground
tree in the stand . level to insert and retain the tree .
A problem with the above mentioned type of stand is that, 50 Additionally or alternatively the tree stand may include a
due to the snug fit of the Christmas tree in the recess, there diaphragm on which is mounted a tree retaining member.
is no provision for a water reservoir which will enable the The tree retaining member may include an aperture within
cut end of the tree to draw water and increase the working the diaphragm . The tree retaining member may include a
lifetime of the tree .
A second known type of stand comprises a generally 55 substantially
conical
cylindrical member or a substantially frusto
member mounted within the diaphragm . The tree
cylindrical tube having a number of apertures into which can retaining member is positioned concentrically within the
be threaded screws, and when a tree is inserted into the diaphragm .
stand , the screws may be inserted such that they protrude The diaphragm is preferably arranged to be detachably
into the cylinder and abut the trunk of the tree in order to
tightly restrain the tree in the stand . The stand is commonly 60 connectable to the fluid reservoir, in use . Alternatively the
connected to , or forms part of a weighted base member diaphragm may be arranged to be immovably fixed to the
which helps to prevent the tree and stand from toppling over fluid reservoir , in use .
in use . The diaphragm is substantially circular in plan . The
A disadvantage with this type of stand is the need for a diaphragm includes a body region and an edge region . The
user to bend over or kneel in order to loosen and tighten 65 edge region is arrangeable to in use contact an edge of the
screws once a tree has been inserted . This is particularly aperture of the fluid reservoir when the diaphragm is
problematical for elderly or infirm persons . Furthermore, the arranged with the fluid reservoir .
US 10 ,080 ,455 B2
The edge region of the diaphragm is arranged to be push The ribs are disposed at substantially even intervals about
fit within the aperture of the fluid reservoir. The edge region the tree retaining member. The ribs are substantially iden
of the diaphragm is arranged to extend above and /or below tical.
the body of diaphragm . The ribs extend from the tree retaining member toward
The edge region of the diaphragm may be arranged to be 5 the fluid reservoir. The ribs connect between the tree retain
push fit on the outside of the fluid reservoir at or in the region i ng member and the fluid reservoir . The ribs protrude from
of the aperture of the fluid reservoir. the closed end of the fluid reservoir.
Thus fluid from a fluid reservoir is largely prevented from The ribs include sheet material. The ribs may include
spillage by the diaphragm . Spillage may be a problem when substantially planar pieces of sheet material . The ribs may
a tree is transported in place in a tree stand , or if a tree stand include open channels . The open channels may include a
is accidentally knocked or tipped . curved end portion . The ribs may include tubes , or bars of
The diaphragm includes a passageway therein which material. The ribs may include at least part of the fluid
effects fluid communication between the exterior and inte reservoir; and may be formed from part of the base of the
rior of the fluid reservoir. 15 fluid reservoir.
The diaphragm includes a plurality of passageways to The ribs may include hollow ribs . The hollow ribs may be
effect fluid communication between the exterior and interior in fluid communication with the tree retaining member,
of the fluid reservoir. preferably by means of a mutual aperture . The hollow rib
An end of each passageway is located at a relatively low includes means to effect fluid communication between the
point on the diaphragm when the stand is arranged with a 20 fluid reservoir and the tree retaining member. The means
fluid reservoir . may include one or more aperture in the rib wall .
The passageway or passageways are formed at or near to The hollow ribs may be formed from shaped portions of
the tree -retaining member. The passageway or passageways the fluid reservoir, preferably shaped portions of the base of
are formed toward the centre of the diaphragm . the fluid reservoir.
The passageways or passageways are defined by a tube. 25 The ribs may include guiding means arranged to in use
The tree -retaining member includes a cut out section to assist in the association of a tree with the tree retaining
provide a passageway . In this instance the passageway is in member. The guiding means include at least one guiding
use defined by the tree and the tree -retaining member. The surface arranged at an angle to the tree retaining member .
edge region of the diaphragm includes a cut out section to Suitably , of each guiding surface includes a substantially
provide a passageway. In this instance the passageway is inin 5030 planar surface. Suitably, of each guiding surface projects
upward and outward from the tree retaining member. Suit
use defined by the edge region of the diaphragm and an edge ably , a guiding surface is associated with each rib .
of the aperture of the fluid reservoir. The tree -retaining The spacing means includes at least one projection
member and/or edge region of the diaphragm include a arranged to protrude from the base of the tree retaining
plurality of cut out sections. 35 member. The projection includes a domed projection . The
The tree gripping means includes a plurality of projec projection is arranged concentrically with the tree retaining
tions arranged on the interior surface of the tree retaining member.
member, preferably in radial fashion . The tree stand may further include weighting means. The
The projections include veins running substantially axi- weighting means includes a base member which may be
ally with the tree retaining member. The tree gripping means 40 connected to the fluid reservoir or formed integrally with the
includes two or more , more preferably three or more , still fluid reservoir.
more preferably five or more and most preferably ten or The base member includes a plurality of legs, which in
more veins . The veins are arranged to maintain a degree of use , are arranged to engage a surface on which the tree stand
separation between the tree trunk and portions of the interior is mounted .
surface of the tree retaining member. 45 The tree stand may be of any suitable material , but is
The projections may include a sharp or pointed portion preferably metal ( including alloy) and is more preferably
arranged in use to at least partially penetrate the trunk of a constructed from iron , cast iron , aluminium or stainless
tree inserted into the tree retaining member. steel.
The cylindrical length of the tree retaining member is According to an aspect, there is provided a kit including
substantially identical to or less than the cylindrical length of 50 a tree stand of the first, second or third aspect of the
the fluid reservoir. invention and a tree.
The fluid reservoir and tree retaining member both The tree is a cut tree suitable for use as a Christmas tree .
include generally cylindrical members with the tree retain The cut tree includes a trunk which in the region of the cut
ing member being connected concentrically within the fluid end thereof, has a circumference substantially identical to
reservoir to the closed end of the fluid reservoir . 55 the interior circumference of the tree retaining member.
The fluid reservoir and tree retaining member are in fluid According to an aspect, there is provided a method of
communication . The tree retaining member includes an securing a cut tree in a tree stand , the method including:
aperture therein which effects fluid communication between (a ) providing a tree stand including a fluid reservoir about
the tree retaining member and the fluid reservoir . a tree retaining member, wherein strengthening means
The aperture is formed at or near to the portion of the tree 60 are provided between the fluid reservoir and the tree
retaining member connected to the fluid reservoir . retaining member ;
There may be a plurality of apertures in the tree retaining (b ) shaping a portion of the trunk of the cut tree at the cut
member , each aperture effecting fluid communication end of the tree such that its surface dimensions are
between the reservoir and tree retaining member. substantially identical to the interior dimensions of the
The strengthening means includes a rib . The strengthen - 65 tree retaining member , and
ing means includes a plurality of ribs . The strengthening (c ) inserting the shaped portion of the trunk into the tree
means includes at least three , preferably at least four ribs. retaining member such that the tree is secured to the
US 10 ,080 ,455 B2
interior of the tree retainingmember by abutment of the FIG . 4 illustrates an upper perspective view of a second
tree with the interior surface of the tree retaining embodiment of the tree stand of the invention ;
member. FIG . 5 illustrates a lower perspective view of the embodi
According to an aspect, there is provided a method of ment of FIG . 1 ;
securing a cut tree in a tree stand, the method including: 5 FIG . 6 illustrates an upper perspective view of a third
( a ) providing a tree stand including a fluid reservoir and embodiment of the tree stand of the invention ;
a tree retaining member including tree gripping means, FIG . 7 illustrates an upper perspective view of a fourth
wherein the tree gripping means include at least one embodiment of the tree stand of the invention ;
projection ; FIG . 8 illustrates a lower perspective view of the embodi
(b ) shaping a portion of the trunk of the cut tree at the cut 10 ment of FIG . 7 ;
end of the tree such that its surface dimensions are FIG . 9 illustrates a plan view of the embodiment of FIGS .
substantially identical to the interior dimensions of the 7 and 8 ;
tree retaining member ; and FIG . 10 illustrates a sectional view of the embodiment of
( c ) inserting the shaped portion of the trunk into the tree FIGS . 7 to 9 about the line A - A looking in the direction of
retaining member such that the tree is secured to the 15 the arrows;
interior of the tree retaining member by abutment of the FIG . 11 illustrates a sectional view of the embodiment of
tree with the interior surface of the tree retaining FIGS. 7 to 10 about the line B - B looking in the direction of
member. the arrows; and
According to a seventh aspect of the present invention FIG . 12 illustrates a fluid reservoir useful in the invention .
there is provided a method of securing a cut tree in a tree 20
stand , the method including : DETAILED DESCRIPTION OF EXEMPLARY
( a ) providing a tree stand including a fluid reservoir and EMBODIMENTS
a tree retaining member including spacing means
arranged to in use maintain separation between at least Referring to FIGS. 1 to 3 a tree stand 2 comprises a
part of the end of the cut tree retained by the tree 25 weighting means in the form of a base 10 which includes
retaining means and a base portion of the tree retaining four legs 12. Connected to the base 10 is a fluid reservoir 4
member ; which is cylindrical in shape. Connected concentrically
(b ) shaping a portion of the trunk of the cut tree at the cut within the fluid reservoir 4 on the base 10, is a tree retaining
end of the tree such that its surface dimensions are member 6 which is cylindrical in shape. Between the tree
substantially identical to the interior dimensions of the 30 retaining member 6 and the fluid reservoir are ribs 20 made
tree retaining member ; and up from substantially planar sheet material. The tree retain
(c ) inserting the shaped portion of the trunk into the tree ing member 6 comprises an aperture 8 located at the
retaining member such that the tree is secured to the connection between the retaining member 6 and the base 10 ,
interior of the tree retainingmember by abutment of the which allows fluid communication between the retaining
tree with the interior surface of the tree retaining 35 member 6 and the fluid reservoir 4 . The tree retaining
member. member 6 further comprises tree grippingmeans 14 to help
The tree may therefore be gripped by the gripping means hold the tree in place.
within the tree retaining member to more securely hold the In use , a tree , such as a Christmas tree , which has been cut
tree in the tree stand . down by any suitable means, first has its trunk , at the cut end
The tree may therefore be at least partially separated from 40 thereof, shaped to substantially the identical circumference
the base of the tree retaining member by the spacing means as the interior circumference of the retaining member 6 .
to allow fluid access to a complementary portion of the base The cut end of the tree is then inserted into the retaining
of the tree . member 6 . As the circumference of the cut end of the tree is
By “ cut tree ” wemean a tree which has been cut by any substantially identical to the interior circumference of the
suitable means to provide a cut end of the trunk of the tree 45 retaining member 6 , the tree is held tight in the tree stand 2
distal to the apex of the tree . Thus trees may be cut by without the need to use any mechanical means such as
chopping, cutting , sawing and the like for example. screws, bolts or the like, to secure the tree in the stand and
The cut end of the trunk of the tree may be shaped by any prevent it moving about within the stand . As mechanical
suitable means, including sawing, chopping, shaving, plan - means are notneeded to secure the tree , the tree stand of the
ing or the like. 50 embodiment shown in FIGS . 1 - 3 is easy to use and a tree can
Themethod further includes the step of adding water to be inserted without the user having to bend down to ground
the fluid reservoir, and water may be added to partly or level and actuate mechanical means. Thus the tree stand 2 is
completely fill the reservoir. particularly suited for use to elderly and infirm persons.
The tree gripping means 14 comprises a plurality of
BRIEF DESCRIPTION OF THE DRAWINGS 55 projections arranged around the interior surface of the tree
retaining member 6 . The projections comprise veins running
For a better understanding of the various aspects of the substantially axially with the tree retaining member arranged
invention , and to show how embodiments of the same may to maintain a degree of separation between the tree trunk and
be put into practice , a specific embodiment will now be portions of the interior surface of the tree retaining member
described , with reference to the accompanying drawings , in 60 6 . In use the veins can grip the surface of a tree trunk to
which : prevent rotation of the tree about its axis relative to the tree
FIG . 1 illustrates an upper perspective view of a first stand 2 , and resist lifting of the tree relative to the tree stand
embodiment of the tree stand of the invention ; 2 . Furthermore , the separation between certain portions of
FIG . 2 illustrates a side sectional view of the embodiment the tree trunk and the tree retaining member 6 allows fluid
shown in FIG . 1 ; 65 to move within the tree retaining member 6 .
FIG . 3 illustrates a plan view of the embodiment of FIGS . When the tree has been inserted into the stand 2 , water is
1 and 2 ; then poured into the fluid reservoir 4 to a desired level.
US 10,080 ,455 B2
The presence of the aperture 8 in the retaining member 6 substantially planar surfaces that project upwardly and out
allowswater to flow into the interior of the retainingmember wardly from an upper portion of the tree retaining member
6 around the cut end of the tree . Thus water can be absorbed 6 at an angle of approximately 30 degrees to the vertical. As
through the cut end of the tree in order to increase the useful a tree is inserted into the tree stand 26 it may be imperfectly
life of the tree , and reduce dehydration of the tree . 5 aligned with the tree retaining member 6 , either by rotation
The base 10 of the stand 2 helps to weight the stand 2 and ally or positionally . In these circumstances the trunk of the
tree to prevent the tree from toppling in use or when . tree may contact the guiding means 30 and thereby be
The ribs 20 strengthen the stand 2 , and reduce the guided toward and into the tree retaining member 6 as the
likelihood that the tree retaining member is damaged when tree is lowered .
the tree is inserted , or when the tree is agitated or acciden - 10 The tree stand 26 further includes spacing means com
tally knocked . prising a projection 40 arranged to protrude from the base of
FIGS. 4 and 5 show a second tree stand 22 comprising a the tree retaining member 6 . The projection 40 comprises a
tree retaining member 6 and a fluid reservoir 4 , and a base hollow dome formed in the base of the tree retaining
10 , along with four ribs 20 and a slot 18 . The fluid reservoir member and arranged concentrically with the tree retaining
4 is a substantially frustoconical shape closed at one end by 15 member. When a tree is positioned within the tree retaining
the base 10 , and open at the other end . The fluid reservoir 4 member 6 a portion of the base of the tree trunk abuts the
includes a ledge 36 , arranged to co - operate with an edge of projection 6 , thereby maintaining a space between the rest of
a separate diaphragm (not shown ). The tree retaining mem - the base of the tree trunk and the tree retaining member . In
ber is substantially cylindrical, and includes a slot 18 cut in this way water present in the tree retaining member may be
the curved surface to allow fluid communication between 20 taken up by the tree , as water is not denied access to the base
the tree retaining member 6 and the fluid reservoir 4 . of the tree trunk by virtue of the abutment of the whole of
Additional slots or apertures may be provided in the tree the tree trunk with the base of the tree retaining member.
retaining member to allow fluid communication between Referring now to FIG . 12 , a tree stand of the invention is
other portions of the fluid reservoir 4 and the tree retaining shown in more detail. A fluid reservoir 34 comprises an
member 6 . 25 aperture 38 , the edge of which may be arranged to comple
The ribs 20 are disposed at right angles to one another ment the edge of a diaphragm (not shown ) to ensure a water
around the tree retaining member 6 , and extend across the tight seal at the interface of the fluid reservoir 34 and the
base 10 to couple the tree retaining member 6 to the fluid edge of the diaphragm . Also shown in FIG . 12 is a ledge 36 .
reservoir 4 . The ribs 20 comprise hollow , arched channels of The ledge 36 can help support a diaphragm while in use with
sheet material to give strength without adding significantly 30 the fluid reservoir 34 and acts as a stop to prevent a
to the amount of material needed to form the tree stand 22 . diaphragm from passing too far within the fluid reservoir 34 .
In alternative embodiments the ribs 20 may be connected FIG . 12 also shows a tree base-retaining means 70 formed
between the tree retaining member 6 and the fluid reservoir at the centre of a base of the fluid reservoir ( including
4 without contacting the base , or with cut- out sections gripping means on the inside thereof, not shown ). The fluid
arranged to allow fluid free passage around the base 10 . The 35 reservoir 34 also includes strengthening means extending
ribs 20 may include means to effect fluid communication from the base -retailing means 70 to the bottom of the fluid
between the reservoir 4 and tree retaining member 6 , such as reserver 34 .
an aperture for example . The reader 's attention is directed to all papers and docu
Referring now to FIG . 6 there is shown a third tree stand ments which are filed concurrently with or previous to this
23 according to an embodiment of the present invention . The 40 specification in connection with this application and which
tree retaining member 6 comprises a substantially frusto - are open to public inspection with this specification , and the
conicalmember 25 mounted within a diaphragm 24 . contents of all such papers and documents are incorporated
The diaphragm 24 is detachably coupled to a fluid reser- herein by reference .
voir 4 by push fitting into an open end of the fluid reservoir All of the features disclosed in this specification ( includ
4 . The tree retaining member 6 includes tree gripping means 45 ing any accompanying claims, abstract and drawings ), and /
14 comprising a plurality of projections arranged around the or all of the steps of any method or process so disclosed , may
interior surface of the tree retaining member 6 . be combined in any combination , except combinations
In addition to the tree retaining member 6 of the dia - where at least some of such features and / or steps are
phragm , a tree retaining member 6 may be provided in the mutually exclusive .
base 10 of the fluid reservoir 4 . The fluid reservoir 4 may 50 Each feature disclosed in this specification ( including any
comprise the tree stand 2 or 22 of the first or second accompanying claims, abstract and drawings ), may be
embodiments . replaced by alternative features serving the same, equivalent
FIGS. 9 to 11 show a fourth tree stand 26 comprising a or similar purpose , unless expressly stated otherwise . Thus ,
tree retaining member 6 and a fluid reservoir 4 , and a base unless expressly stated otherwise , each feature disclosed is
10 , along with four strengthening ribs 20 . The fluid reservoir 55 one example only of a generic series of equivalent or similar
4 is a substantially frustoconical shape closed at one end by features .
the base 10 , and open at the other end . The tree retaining The invention is not restricted to the details of the
member is substantially cylindrical. foregoing embodiment( s ). The invention extend to any
The ribs 20 are disposed at right angles to one another novel one , or any novel combination , of the features dis
around the tree retaining member 6 , and extend across the 60 closed in this specification (including any accompanying
base 10 to couple the tree retaining member 6 to the fluid claims, abstract and drawings ), or to any novel one, or any
reservoir 4 . The ribs 20 comprise hollow , arched channels of novel combination , of the steps of any method or process so
sheet material to give strength without adding significantly disclosed .
to the amount ofmaterial needed to form the tree stand 22 .
The ribs form part of the fluid reservoir 4 . 65 What is claimed is :
The ribs 20 comprise guiding means 30 that couple to the 1 . A tree stand, comprising:
tree retaining member 6 . The guiding means 30 comprise a fluid reservoir having a base and a surrounding wall ;
US 10 ,080 ,455 B2
10
a tree retaining member formed at the base of the fluid 11 . The tree stand as recited in claim 9 , wherein the
reservoir, guiding surface, or each guiding surface projects upward and
wherein the tree retaining member is configured to hold outward from the tree retaining member.
a tree inserted therein by resisting lifting of a tree 12 . The tree stand as recited in claim 11 , wherein the
inserted therein relative to the tree stand, wherein the
the 55 stantially
84guiding surface
planar
, or each guiding surface comprises a sub
surface that projects upwardly and out
tree retaining member comprises gripping means on wardly from an upper portion of the tree retaining member
the inside thereof; and
strengthening means formed from hollow ribs of the at 13 . The tree stand as recited 30in degrees
at an angle of approximately to the vertical.
claim 9 , wherein a guiding
base of the fluid reservoir configured to extend from
the tree retaining member toward the wall of the fluid 10 surface is associated with each rib .
reservoir , and spaced from the wall of the fluid 14 . The tree stand as recited in claim 1 , wherein the tree
retaining
reservoir wherein the strengthening means terminate fluid reservoir member does not substantially protrude from the
before reaching the wall of the fluid reservoir. .
2 . The tree stand as recited in claim 1 , wherein at least 15 . The tree stand as recited in claim 1 , wherein the tree
three strengthening means are disposed at substantially even 1515 retaining member comprises spacing means, arranged in use
reto maintain separation between at least part of the tree
intervals about the tree retaining member. retained by the tree retaining member and a base portion of
3 . The tree stand as recited in claim 1, wherein the the tree retaining member, the spacing means comprising a
strengthening means comprise open channels .
4 . The tree stand as recited in claim 3 , wherein the open 20 domed projection arranged to protrude from the base of the
channels comprise a curved end portion . tree retaining member.
5 . The tree stand as recited in claim 1 , wherein the 16 . The tree stand as recited in claim 1 , wherein the tree
strengthening means are formed from shaped portions of the retaining member comprises spacing means , arranged in use
fluid reservoir. to maintain separation between at least part of the tree
retained by the tree retaining member and a base portion of
6 . The tree stand as recited in claim 1 , wherein the 25 the tree retaining
strengthening means comprise a curved portion . member, the spacing means comprising a
7 . The tree stand as recited in claim 1 . wherein the projection arranged concentrically with the tree retaining
strengthening means comprise hollow , arched channels of member.
sheet material to give strength without adding significantly 17 . The tree stand as recited in claim 1, wherein the fluid
to the amount of material needed to form the tree stand . reservoir comprises a cylindrical or frustoconical member
he 3030 being
8 . The tree stand as recited in claim 1 , wherein the Del closed at one end thereof, and the tree retaining
strengthening means comprise guiding means arranged to in member is connected to the closed end of the cylindrical or
use assist in the association of a tree with the tree retaining
us frustoconical member.
member. 18 . The tree stand as recited in claim 1 , wherein the fluid
9 . The tree stand as recited in claim 8 ,wherein the guiding reservoir and tree retaining member are in fluid communi
means comprise at least one guiding surface arranged at an 35 ca 19 . The tree stand as recited in claim 1 , wherein the
angle to the tree retaining member. strengthening means comprises a curved section intersecting
10 . The tree stand as recited in claim 9 , wherein the two straight sections .
guiding surface , or each guiding surface comprises a sub
stantially planar surface . * * * * *

Allied Moulded Prods. v. Tom Leonard Investment Co. - Complaint

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Allied Moulded Prods. v. Tom Leonard Investment Co. - Complaint

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Case: 3:18-cv-02717-JGC Doc #: 1 Filed: 11/21/18 1 of 8.

IN THE UNITED STATES DISTRICT COURT

Allied Moulded Products, Inc. ) Case No.

201 St. Helens Avenue )

COMPLAINT WITH JURY DEMAND

1. Allied is an Ohio corporation having its principal place of business at 222 N.

Union Street, Bryan, Ohio 43506.

3. Upon information and belief, G. R. Kirk Company operated in Washington, with

the United States.

sell and/or use tree stands within the United States.

Code 4165.01, et seq.

engage in infringing conduct in this state.

District, and are subject to personal jurisdiction in this District.

9. Allied is a product design and distribution company founded in 1958.

("Exclusion License") is attached as Exhibit A.

imported products covered by the Licensed Patents.

resolve infringing conduct.

distributors, and at fairs, exhibitions, and the like.

Defendants' Infringing Conduct

intentionally in violation of the Licensed Patents and Allied's rights.

COUNT I (INFRINGEMENT OF THE LICENSED PATENTS)

paragraphs of this Complaint as if fully set forth herein.

‘291 patent is attached as Exhibit B.

the ‘451 patent is attached as Exhibit C.

the ‘455 patent is attached at Exhibit D.

memorialized in the Exclusive License.

26. As a result of Defendants' unlawful infringement of the Licensed Patents , or any

the damages suffered as a result of its unlawful acts.

Court enjoins Defendants from further infringing activities.

COUNT II (STATE DECEPTIVE TRADE PRACTICES)

paragraphs of this Complaint as if fully set forth herein.

trade practices laws, Ohio Rev. Code § 4165.01, et seq.

cause irreparable harm to Allied, unless enjoined.

33. Allied has no adequate remedy at law.

PRAYER FOR RELIEF

A. That Defendants be declared to have infringed, induced others to infringe,

D. That Defendants be ordered to pay treble damages for willful infringement

F. A permanent injunction restraining Defendants, its agents, servants,

1. From selling sealing devices that infringe the Licensed Patents, or

2. From otherwise unfairly competing with Allied.

G. An Order requiring Defendants to file with the Court and to account to

H. That Allied be granted pre-judgment and post-judgment interest on the

Date: November 21, 2018 Respectfully submitted,

By: /s/ David P. Strup

Counsel for Allied Moulded Products, Inc.

trial by jury as to all issues so triable.

Date: November 21, 2018 Respectfully submitted,

By: /s/ David P. Strup

Counsel for Allied Moulded Products, Inc.

(12) United States Patent (10) Patent No.: US 8,146,291 B2

U.S. Patent US 8,146,291 B2

U.S. Patent Apr. 3, 2012 Sheet 2 of 9 US 8,146,291 B2

U.S. Patent Apr. 3, 2012 Sheet 3 of 9 US 8,146,291 B2

U.S. Patent US 8,146,291 B2

U.S. Patent Apr. 3, 2012 Sheet 8 of 9 US 8,146,291 B2

U.S. Patent Apr. 3, 2012 Sheet 9 Of 9 US 8,146,291 B2

(12) United States Patent (10) Patent No.: US 8,881.451 B2

(76) Inventor: Joseph Noblett, Chorley (GB) U.S. PATENT DOCUMENTS

(65) Prior Publication Data FOREIGN PATENT DOCUMENTS

US 2012/O151837 A1 Jun. 21, 2012 BE 1003629 A3 5, 1992

U.S. Patent Nov. 11, 2014 Sheet 1 of 9 US 8,881.451 B2

U.S. Patent Nov. 11, 2014 Sheet 2 of 9 US 8,881.451 B2

U.S. Patent Nov. 11, 2014 Sheet 3 of 9 US 8,881.451 B2

U.S. Patent Nov. 11, 2014 Sheet 5 Of 9 US 8,881.451 B2