Case 6:12-cv-00665-LED Document 1 Filed 09/18/12 Page 1 of 7 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`)))))))
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`)))))
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`Civil Action No.:
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`Judge:
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`Plaintiff,
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`-vs-
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`Defendant.
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`Sunless, Inc.
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`Heartland Tanning, Inc.,
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`Plaintiff Sunless, Inc. (“Sunless”), for its Complaint against Defendant Heartland
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`Tanning, Inc. (“Heartland”), alleges as follows:
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`THE PARTIES
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`1.
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`Sunless is a corporation organized and existing under the laws of the state of
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`Delaware with a principal place of business at 8909 South Freeway Drive, Macedonia, Ohio
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`44056.
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`2.
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`Heartland is a corporation organized and existing under the laws of the state of
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`Missouri with a principal place of business at 4251 Northeast Port Drive, Lee’s Summit,
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`Missouri 64064.
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`7306793 v6
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`Case 6:12-cv-00665-LED Document 1 Filed 09/18/12 Page 2 of 7 PageID #: 2
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`JURISDICTION AND VENUE
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`3.
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`This Court has subject matter jurisdiction over this action under 28 U.S.C.
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`§§ 1331, 1338(a), and the Patent Laws of the United States, 35 U.S.C. §§ 271 et seq.
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`4.
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`Personal jurisdiction (1) exists generally over Heartland because it has sufficient
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`minimum contacts with the forum as a result of business conducted within the State of Texas and
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`this district, either directly or through its distributors; and/or (2) exists specifically over
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`Heartland because of its infringing conduct within or directed at the State of Texas and this
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`district, either directly or through its distributors. For example, Heartland has a distributor
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`located in Frisco, Texas, who sells and/or offers to sell a product that infringes the patent-in-suit.
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`5.
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`Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400(b).
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`BACKGROUND FACTS
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`6.
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`Sunless is a leader in the development, manufacture, and marketing of sunless
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`tanning products, including equipment and solutions.
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`7.
`
`On June 19, 2012, the United States Patent and Trademark Office (“USPTO”)
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`duly and legally granted U.S. Patent No. 8,201,288 for an invention entitled “Automatic Body
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`Spray System” (“the ‘288 patent”). A true and correct copy of the ‘288 patent is attached hereto
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`as Exhibit A.
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`8.
`
`Sunless is the owner of the entire right, title, and interest in and to the ‘288 patent
`
`by assignment from its predecessor, MT Industries, Inc. Sunless has commercialized the ‘288
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`patent by making and selling its own products, which are covered by one or more claims of the
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`‘288 patent, including the VersaSpa booth.
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`9.
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`Heartland has made, used, offered to sell, and sold in the United States an
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`automatic body spray system, identified as the Pura Sunless booth (“Pura Booth”).
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`10.
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`Upon information and belief, Heartland obtained a VersaSpa booth and copied the
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`design of several elements, including without limitation, the nozzles, fan, solution container, and
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`container connector, and incorporated these features in the Pura Booth.
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`11.
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`Heartland has directly infringed and is now infringing the ‘288 patent by making,
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`using, offering to sell, and selling the Pura Booth in the United States.
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`12.
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`Heartland sells the Pura Booth in the United States to third-party distributors who,
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`in turn, resell the Pura Booth to purchasers, including tanning salons and consumers who operate
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`the product (collectively, “the Purchasers”). Heartland actively aids and abets the resale and use
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`of the Pura Booth.
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`13.
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`Upon further information and belief, Heartland’s distributors have infringed the
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`‘288 patent by using, offering to sell, and selling the Pura Booth in the United States.
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`14.
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`Upon further information and belief, the Purchasers of the Pura Booth have
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`infringed and are now infringing the ‘288 patent by using this product in the United States.
`
`COUNT I
`
`(Direct Infringement of U.S. Patent No. 8,201,288)
`
`Paragraphs 1–14 are re-alleged and restated as if fully set forth herein.
`
`By making, using, offering to sell, and selling the Pura Booth in the United States,
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`15.
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`16.
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`Heartland has directly infringed and is infringing one or more claims of the ‘288 patent, in
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`violation of 35 U.S.C. § 271(a).
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`Case 6:12-cv-00665-LED Document 1 Filed 09/18/12 Page 4 of 7 PageID #: 4
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`17.
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`Heartland’s actions as described above demonstrate a deliberate and conscious
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`decision to infringe the ‘288 patent, or at the very least, a reckless disregard of Sunless’ patent
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`rights.
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`18.
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`The direct infringement of the ‘288 patent by Heartland was and is willful and
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`deliberate, and will continue unless enjoined by this Court.
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`19.
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`As a result of the direct infringement of the ‘288 patent by Heartland, Sunless has
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`suffered, and continues to suffer, damages in an amount to be established at trial. Furthermore,
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`Sunless has suffered, and continues to suffer, irreparable harm for which there is no adequate
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`remedy at law.
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`COUNT II
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`(Indirect Infringement of U.S. Patent No. 8,201,288)
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`Paragraphs 1–19 are re-alleged and restated as if fully set forth herein.
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`Heartland has offered to sell and sold the Pura Booth in the United States to
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`20.
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`21.
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`distributors. Heartland has also actively aided and abetted distributors and the Purchasers to
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`offer for sale, sell and/or use the Pura Booth. Heartland intended to cause these acts and knew or
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`should have known would directly infringe one or more claims of the ‘288 patent.
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`22.
`
`By actively and knowingly aiding and abetting distributors and the Purchasers to
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`offer for sale, sell, and/or use the Pura Booth, Heartland has indirectly infringed one or more
`
`claims of the ‘288 patent, in violation of 35 U.S.C. § 271(b).
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`23.
`
`Heartland’s actions as described above demonstrate a deliberate and conscious
`
`decision to infringe the ‘288 patent, or at the very least, a reckless disregard of Sunless’ patent
`
`rights.
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`24.
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`The indirect infringement of the ‘288 patent by Heartland was and is willful and
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`deliberate, and will continue unless enjoined by this Court.
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`25.
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`As a result of the indirect infringement of the ‘288 patent by Heartland, Sunless
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`has suffered, and continues to suffer, damages in an amount to be established at trial.
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`Furthermore, Sunless has suffered, and continues to suffer, irreparable harm for which there is no
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`adequate remedy at law.
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`PRAYER FOR RELIEF
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`WHEREFORE, Sunless prays that the Court:
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`A. Preliminarily and permanently enjoin Heartland, and its officers, employees,
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`servants, and agents, and all persons in active concert with any of them, against
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`any further acts of direct infringement or indirect infringement under 35 U.S.C. §
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`283, including without limitation making, using, offering to sell, and/or selling the
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`Pura Booth.
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`B. Order Heartland to pay, in accordance with 35 U.S.C. § 284, damages adequate to
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`compensate for the patent infringement, but in no event less than a reasonable
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`royalty for the use made of the invention, together with interest and taxable costs.
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`C. Find the infringement by Heartland to be willful, and order it to pay three (3)
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`times the amount of damages found or assessed, under 35 U.S.C. § 284.
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`D. Find this to be an exceptional case under 35 U.S.C. § 285, and order Heartland to
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`pay Plaintiffs attorneys’ fees, expenses and costs in this action.
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`E. Grant Sunless such other and further relief as the Court may deem proper and just
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`under the circumstances.
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`Case 6:12-cv-00665-LED Document 1 Filed 09/18/12 Page 6 of 7 PageID #: 6
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`
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`Dated: September 18, 2012
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`/s/ Steven M. Auvil
`Steven M. Auvil
`sauvil@beneschlaw.com
`BENESCH FRIEDLANDER
` COPLAN & ARONOFF LLP
`200 Public Square, Suite 200
`Cleveland, Ohio 44114-2378
`Phone: (216) 363-4500
`Fax: (216) 363-4588
`
`Attorneys for Plaintiff Sunless, Inc.
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`Case 6:12-cv-00665-LED Document 1 Filed 09/18/12 Page 7 of 7 PageID #: 7
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`DEMAND FOR JURY TRIAL
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`Plaintiff Sunless, Inc. hereby makes demand for a trial by jury pursuant to Rule 38 of the
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`
`
`
`
`Federal Rules of Civil Procedure as to all issues of this lawsuit.
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`
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`
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`Respectfully submitted,
`
`/s/ Steven M. Auvil
`Steven M. Auvil,
`sauvil@beneschlaw.com
`200 Public Square, Suite 200
`Cleveland, Ohio 44114-2378
`Phone: (216) 363-4500
`Fax: (216) 363-4588
`
`Attorney for Plaintiff Sunless, Inc.
`
`Dated: September 18, 2012
`
`
`
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`
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`7306793 v6
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 1 of 25 PageID #: 8
`“°°“”‘e”"*‘|llllilllilllllfllllflIlllillll1I|fi||I||l||Hm||flIliIl1ll|”1|fi|||8
`
`US00820l288B2
`
`(12) United States Patent
`Thomason et al.
`
`(10) Patent No.:
`
`(45) Date of Patent:
`
`US 8,201,288 B2
`Jun.19,2012
`
`(54)
`
`(75)
`
`AUTOMATIC BODY SPRAY SYSTEM
`
`Inventors: Scott R. Thomason, Macedonia, OH
`(US); Nicholas J. Mastandrea,
`Chardon, OH (US)
`
`(73)
`
`Assignee: Sunless, Inc., Macedonia, OH (US)
`
`(*)
`
`Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 492 days.
`
`(21)
`
`Appl. No.: 12/546,056
`
`(22)
`
`Filed:
`
`Aug. 24, 2009
`
`Prior Publication Data
`
`US 2009/0314857 A1
`
`Dec. 24, 2009
`
`Related U.S. Application Data
`
`6/2008 Cooper et al.
`7,387,684 B2
`2001/0030241 A1* 10/2001 Kott et al.
`....................... .. 239/8
`2002/0000237 A1
`1/2002 Laughlin
`2005/0279865 A1
`12/2005 Thomason
`2006/0118039 A1
`6/2006 Cooper
`2006/0207013 A1*
`9/2006 Deboer et al.
`2006/0275555 A1
`12/2006 Colizza
`2007/0107121 A1
`5/2007 Smith
`2007/0169261 A1
`7/2007 Smith
`
`.................. .. 4/601
`
`OTHER PUBLICATIONS
`
`Thomason, Scott; Final Office Action in U.S. Appl. No. 12/623,687,
`Feb. 22, 2011.
`Thomason, Scott; OfficeAction in U.S.App1. No. 12/623,687, Sep. 1,
`2010.
`
`* cited by examiner
`
`Primary Examiner — Leslie Deak
`Assistant Examiner — Susan Su
`
`(74) Attorney, Agent, or Firm — Benesch, Friedlander,
`Coplan & Aronoff, LLP
`
`(65)
`
`(63)
`
`(60)
`
`(51)
`
`(52)
`(58)
`
`(56)
`
`Continuation of application No. 11/650,323, filed on
`Jan. 5, 2007, now abandoned.
`
`(57)
`
`ABSTRACT
`
`Provisional application No. 60/756,304, filed on Jan.
`5, 2006.
`
`Int. C1.
`A4 7K 3/00
`A4 7K 1/04
`
`(2006.01)
`(2006.01)
`(2006.01)
`A61M 35/00
`(2006.01)
`A45D 44/00
`U.S. Cl.
`............... .. 4/615; 4/619; 604/289; 132/333
`Field of Classification Search ................ .. 604/289;
`132/333; 239/207; 4/615, 619
`See application file for complete search history.
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`Kruse
`King
`Parker
`Cooper
`
`4/1929
`8/1981
`10/2001
`2/2006
`
`1,708,624 A
`4,282,612 A
`6,302,122 B1
`7,004,407 B2
`
`A booth for automatic spray application of multiple liquids
`onto a human subject may include an HVLP nozzle including
`a nozzle tip, an air inlet port connected to an air pathway, a
`linear slide operably connected to a motor and to the HVLP
`nozzle, a plurality ofcheck Valves, and a controller, where the
`controller is operably connected to the motor and configured
`to cause the motor to move the HVLP nozzle vertically along
`at least a portion of the linear slide thereby adjusting the
`vertical position of the nozzle tip, where the controller is
`further configured to control an air source for causing air to
`flow through the air pathway, and where the controller is
`further configured to control one or more liquid sources for
`causing the first liquid associated with the first liquid inlet
`port from the multiple liquid inlet ports to flow through the
`first liquid inlet port from the multiple liquid inlet ports and
`the second liquid associated with the second liquid inlet port
`from the multiple liquid inlet ports to flow through the second
`liquid inlet port from the multiple liquid inlet ports.
`
`20 Claims, 18 Drawing Sheets
`
`
`
`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 2 of 25 PageID #: 9
`Case 6:12—cv—OO665-LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 1 of 18
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`US 8,201,288 B2
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`106a
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`102
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`107
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`108
`
`1053
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`105b
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`103
`
`104
`
`Figure 1
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 3 of 25 PageID #: 10
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 2 of 18
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`8SU
`
`2B
`
`WM.uM2:1W1Mm2:1
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`102
`
`7..01
`
`108
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`Figure 2
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 4 of 25 PageID #: 11
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 3 of 18
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`US 8,201,288 B2
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`102
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`106a
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`1082)
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`110
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`1601:
`
`160a
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`108
`
`Figure 3
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 5 of 25 PageID #: 12
`Case 6:12-cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 4 of 18
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`US 8,201,288 B2
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`‘X: 131
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 6 of 25 PageID #: 13
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 5 of 18
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`US 8,201,288 B2
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`1603
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`111
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`112
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`135
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`3
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`165b
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`113a
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`165°
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`Figure 5
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 7 of 25 PageID #: 14
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 6 of 18
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`US 8,201,288 B2
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`164
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`Figure 6
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 8 of 25 PageID #: 15
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 7 of 18
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`US 8,201,288 B2
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`113!)
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`113:
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`
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`
`Figure 7
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 9 of 25 PageID #: 16
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 8 of 18
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`US 8,201,288 B2
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`102 X
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`I
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 10 of 25 PageID #: 17
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 9 of 18
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`US 8,201,288 B2
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`116
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`F2
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 11 of 25 PageID #: 18
`Case 6:12—cv—OO665—LED Document 1-1
`Filed 09/18/12 Page 11 of 25 Page|D #: 18
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 10 of 18
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`US 8,201,288 B2
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`126
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`127
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`Figure 10
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 12 of 25 PageID #: 19
`Case 6:12—cv—OO665—LED Document 1-1
`Filed 09/18/12 Page 12 of 25 Page|D #: 19
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 11 of 18
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`US 8,201,288 B2
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`122
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`116
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`107
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 13 of 25 PageID #: 20
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 12 of 18
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`US 8,201,288 B2
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`104
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`Figure 12
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 14 of 25 PageID #: 21
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 13 of 18
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`US 8,201,288 B2
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`146
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`140,141
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`744.
`
`Figure 13
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`

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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 15 of 25 PageID #: 22
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 14 of 18
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`US 8,201,288 B2
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`i
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 16 of 25 PageID #: 23
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 15 of 18
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`US 8,201,288 B2
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`1058
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`Figure 15
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 17 of 25 PageID #: 24
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 16 of 18
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`US 8,201,288 B2
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`152
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 18 of 25 PageID #: 25
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 17 of 18
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`US 8,201,288 B2
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`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 19 of 25 PageID #: 26
`Case 6:12—cv—OO665—LED Document 1-1
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`U.S. Patent
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`Jun. 19, 2012
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`Sheet 18 of 18
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`US 8,201,288 B2
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`Select Single or Multiple Spray
`Session
`
`Single Session Selected
`
`Multiple Session Selected
`
`Select Solution Type
`(ex. 1,2,3...)
`
`
`
`Select pre-defined multi-—session
`ex: (solution 1—level 2, solution 3-
`
`
`
`Select Solution Intensity Level
`(ex. l,2,3..)
`
`Client press start button to initiate
`session
`
`Client press start button to initiate
`session
`
`System applies solution 1 at level 2
`intensity
`
`System applies selected solution at
`selected level
`
`System dries client
`
`System dries client
`
`System applies solution 3 at level 3
`intensity
`
`Session complete
`
`System dries client
`
`Session Complete
`
`Figure 18
`
`

`
`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 20 of 25 PageID #: 27
`Case 6:12—cv—OO665-LED Document 1-1
`Filed 09/18/12 Page 20 of 25 Page|D #: 27
`
`US 8,201,288 B2
`
`1
`AUTOMATIC BODY SPRAY SYSTEM
`
`CROSS REFERENCE TO RELATED
`APPLICATION
`
`This application is a continuation of U.S. Non-Provisional
`application Ser. No. 11/650,323 filed on Jan. 5, 2007, which
`claims priority from U.S. Provisional Application Ser. No.
`60/756,304 filed on Jan. 5, 2006, the disclosures of which are
`hereby incorporated by reference in their entirety.
`
`BACKGROUND
`
`There are many lotions and products applied to the human
`body for cosmetic purposes. These products include moistur-
`izers, sunscreens, anti-aging treatments, UV tarming accel-
`erators, sunless tanning products and much more. There are
`numerous forms of artificial tanning products are currently
`available, including lotions, creams, gels, oils, and sprays.
`These products are typically mixtures of a chemically-active
`skin colorant or a bronzer, in combination with moisturizers,
`preservatives, anti-microbials, thickeners, solvents, emulsifi-
`ers,
`fragrances,
`surfactants,
`stabilizers,
`sunscreens, pH
`adjusters, anti-caking agents, and additional ingredients to
`alter the color reaction.
`
`There exist many automated systems for applying artificial
`tanning products and often include a closed booth provided
`with a spraying system. The spraying systems typically use
`high pressure compressed air nozzles, along with a fluid
`supplied to the nozzle to create an atomized spray directed
`towards the body. Currently, these booths are mostly closed,
`are limited to applying only one product per session, and
`create a foggy closed environment for the user.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`In the accompanying drawings and descriptions that fol-
`low, like parts are indicated throughout the drawings and
`description with the same reference numerals, respectively.
`One of ordinary skill in the art will appreciate that one ele-
`ment can be designed as multiple elements or that multiple
`elements can be designed as one element. An element shown
`as an internal component of another element can be imple-
`mented as an external component and vice versa. The figures
`are not drawn to scale and the proportions of certain parts
`have been exaggerated for convenience of illustration.
`FIG. 1 is a front-right perspective view of one embodiment
`of an automatic body spray system 100;
`FIG. 2 is a front-left perspective view of the automatic
`body spray system 100;
`FIG. 3 is a perspective view of one embodiment of a spray
`column 102 showing one embodiment of a slide out drawer
`108 holding multiple solution containers 160a-c;
`FIG. 4 is a perspective view of one embodiment of a rotat-
`ing nozzle column 131;
`FIG. 5 is a detailed perspective view ofthe slide out drawer
`108 holding multiple solution containers 160a,b,c for use in
`the spray system 100;
`FIG. 6 is a side view ofone embodiment ofa fluid container
`160;
`FIG. 7 is a perspective view of the backside of the slide out
`drawer 108 holding multiple solution containers 160a,b,c
`showing fluid pumps 113a-c;
`FIG. 8 is a perspective view of one embodiment of the
`spray column 102 with the back cover removed to expose the
`internal components;
`
`10
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`15
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`20
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`30
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`FIG. 9 is a perspective view of the nozzle arms 128a,b and
`fluid solenoid valves 115a,b,c located in the spray colunm
`102;
`FIG. 10 is a detailed perspective view of one embodiment
`of an HVLP nozzle assembly 124;
`FIG. 11 is a perspective view of the HVLP turbine 118,
`CPU controller 122, and user interface 117 located in the
`spray column 102 of the spray system 100;
`FIG. 12 is a perspective view showing the backside of the
`mist extraction column 103 with the rear cover removed;
`FIG. 13 is a perspective view showing a mist extraction fan
`142, a mist extraction filter 140, a filter compartment 141, a
`filter wash down nozzle 146, and an internal colunm wash
`down nozzle 147 of the spray system 100;
`FIG. 14 is a perspective view showing the mist extraction
`filter 140 removed from the mist extraction column 103 and
`
`also showing the mist extraction colunm 103 inlet vents 145;
`FIG. 15 is a perspective view showing one embodiment of
`a waterfall wash-down hose 149;
`FIG. 16 is a perspective view showing one embodiment of
`a sump pump 150 waste water removal system and sump
`pump filter 152;
`FIG. 17 is a side section view showing the sump pump 150
`incorporated into a sump pump basin 151 that is integrated
`into the base 104 with a sump pump filter 152;
`FIG. 18 is a flow chart illustrating one method for operating
`the automatic body spray system 100 to coat the human body
`that can be employed by a controller;
`
`DETAILED DESCRIPTION
`
`FIGS. 1 and 2 illustrate left and right perspective views,
`respectively, of on embodiment of an automatic body spray
`system 100. The system 100 includes a base 104 configured to
`support a human body 109. Extending vertically from the
`perimeter of the base 104 are a spray column 102, a mist
`extraction column 103, and partial side walls 10511, 10519,
`which together defined a spray booth to house the user
`therein. These partial sidewalls 105a,b contact the spray col-
`umn 103 and continue in a curved pattern toward the spray
`colunm 102 (see also FIG. 15). The partial sidewalls 105a,b
`also seat against the base 104 at the bottom of the system 100.
`The partial sidewalls 105a,b stop short of the spray colunm
`103 to allow for user access into the system 100. The partial
`sidewalls 105a,b can be of any shape or size and can be
`modified to provide the desired amount of mist containment.
`A partial top 180 can also be provided to keep any excess mist
`from escaping out the top of the system 100. In an alternative
`embodiment, the system 100 can include full-size side walls,
`instead of partial walls.
`the system 100 can be
`In a preferred embodiment,
`employed to apply sunless tanning solutions as well as other
`solutions onto a human body 109. Exemplary sunless-tanning
`solutions include one or more colorants, such as dihydroxy-
`acetone, crotonaldehyde, pyruvaldehyde, glycolaldehyde,
`glutaraldehyde, otho-phthaldehyde, sorbose, fructose, eryth-
`rulose, methylvinylketone, food coloring, or any other avail-
`able colorant. The sunless-tarming solutions can additionally
`or alternatively include one or more bronzers, such as law-
`sone, juglone, or any other available bronzer. It will be appre-
`ciated that the sunless-tanning solutions can include addi-
`tional ingredients, such as moisturizers and scents, to make
`the solution more appealing to a user.
`While the system 100 can be employed as a sunless tanning
`spray system, it can also be employed to spray other fluids
`onto the human body. For example, the system 100 can be
`configured to spray sunscreens, suntan lotions, moisturizing
`
`

`
`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 21 of 25 PageID #: 28
`Case 6:12—cv—OO665-LED Document 1-1
`Filed 09/18/12 Page 21 of 25 Page|D #: 28
`
`US 8,201,288 B2
`
`3
`lotions, sunless tanning pre-spray treatments, tanning accel-
`erators, sunburn treatments, insect repellants, skin toners,
`skin bleaches, skin lighteners, anti-microbial compositions,
`exfoliants, nutriments or vitamins, massage aides, muscle
`relaxants, skin treatment agents, burn treatment agents,
`decontamination agents, cosmetics, or wrinkle treatments or
`removers, or any other solution or lotion desired to be applied
`to the human body.
`As shown in FIG. 3, the spray column 102 includes two
`high volume,
`low pressure (HVLP) atomization nozzles
`106a,b fluidly connected to an HVLP turbine (not shown)
`with an air supply hose and also fluidly connected to at least
`one fluid container 160. With the assistance of the HVLP
`
`turbine, the HVLP nozzles 10611,!) are configured to eject an
`atomized mist of fluid. In alternative embodiments (not
`shown), the spray column 102 may include one HVLP nozzle
`or more than two HVLP nozzles. In another embodiment (not
`shown), a high pres sure fluid pump may be employed, instead
`of the HVLP turbine.
`
`Each HVLP nozzle 106a,b is coupled to a linear slide (not
`shown) that is configured to move the HVLP nozzles 106a,b
`up and down vertically, thereby adjusting the vertical position
`of the HVLP nozzle 106a, b. In this configuration, the HVLP
`nozzles 10611,!) are moveably mounted to the spray column
`102, such that the spray pattern of the HVLP nozzles 106a,b
`is suflicient to completely coat the human body 109 with a
`desired fluid, solution, or lotion.
`In an alternative embodiment as shown in FIG. 4, a verti-
`cally standing column 13 1 that rotates back and forth about its
`vertical axis can be employed. One or more HVLP nozzles
`106 can be mounted to the rotating column 131 and be con-
`nected to an HVLP turbine with an air supply hose and also
`fluidly connected to at least one fluid reservoir or container
`160. This column can be automatically rotated back and forth
`to automatically coat the human body.
`With reference back to FIG. 3, the system 100 includes
`three fluid containers 160a-c contained in the drawer 108. In
`
`alternative embodiments, the system 100 can include two or
`less containers or more than three containers provided in the
`drawer 108.
`As shown in FIG. 3, a start button 110 and an LCD user
`interface panel 107 are also provided. The start button 110 is
`used to initiate a session. The LCD user interface is used to set
`
`up a session and also to perform other functions including, but
`not limited to, defining the system parameters, turning on a
`wash down function, turning on a light, and viewing session
`counts.
`
`FIG. 5 illustrates a perspective view of the fluid container
`drawer 108 with the drawer 108 opened to expose the fluid
`containers 16011, b, c. The drawer 108 provides for a simple
`method of accessing the containers 160. The drawer 108
`includes a pull handle 111 and a key lock 112 for security
`purposes. In this embodiment, the drawer 108 is attached to
`the spray column 102 with two slide rails 113a, b. The drawer
`108 can also be attached to the spray column using a rotating
`mount or any other type of mount.
`As discussed in more detail above, the fluid containers
`160a-c can hold sunless-tanning solutions or other types of
`fluids. In one embodiment, each fluid container 160a-c can
`hold a different sunless-tarming solution. The different solu-
`tions can have different chemical compositions which affect
`the hue of the resulting tan. Alternatively, one fluid container
`(e.g., the first fluid container 160a) can contain water or
`another dilution agent to dilute a solution contained in the
`second solution container (e.g., the second fluid container
`160b). The contents of the different fluid containers can be
`mixed in various combinations to provide a range of shades,
`
`10
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`15
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`20
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`30
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`35
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`40
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`45
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`50
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`55
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`60
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`65
`
`4
`
`thereby allowing the user to select a preferred tarming shade.
`Also, the fluid containers can hold other types of solutions to
`be applied to the human body. One control method for apply-
`ing the solutions can be to apply a first atomized solution, dry
`the body with air only coming from the HVLP nozzles, apply
`a second atomized solution, dry the body with air only com-
`ing from the HVLP nozzles, apply a third atomized solution
`and then dry the body with air only coming from the HVLP
`nozzles.
`FIG. 6 illustrates a side view of one embodiment of a fluid
`container 160. In this embodiment, the fluid container 160
`includes a handle 164, a male quick disconnect valve 161 at
`an opening located at one end portion of the fluid container
`160, and a vent 162 provided at the other end portion of the
`fluid container 160. The fluid container 160 can also include
`
`a check valve 163 to ensure that fluid flows in only one
`direction such that, when the fluid container 160 is empty, the
`check valve 163 will prevent any residual solution from leak-
`ing out when the fluid container 160 is removed. It will be
`appreciated that the fluid container 160 can be configured
`differently in shape and size from the one illustrated in FIG. 6.
`Also,
`it will be appreciated that different fittings such as
`interchange couplings, poppet couplings, or threaded cou-
`plings, can be used to dispense solution from the fluid con-
`tainer 160.
`In one embodiment, the fluid containers 160a-c are remov-
`able. Alternatively, the spray column 102 can house fixed
`fluid containers that can be filled with solution while still in
`
`spray colunm 102 when the solution level falls below a pre-
`determined threshold.
`As shown in FIG. 4, each fluid container 160a-c is inverted
`such that the male quick disconnect valve 161 mates with a
`female quick disconnect fitting 165a-c disposed in the drawer
`108. When a new fluid container 160 is added to the system
`100, the male quick disconnect valve 161 of the fluid con-
`tainer 160 is snapped into the female quick disconnect fitting
`165a-c in the drawer 108. The vent 162 on the fluid container
`
`160 can then be opened to equalize the air pressure inside the
`fluid container 160, allowing fluid to flow freely.
`FIG. 7 is a perspective view of the inside ofthe drawer 108
`containing three fluid pumps 113a-c positioned below the
`female quick disconnect fittings 165a-c. The first pump 113a
`is configured to pump the solution held in the first fluid
`container 160a along a fluid flow path F1 through the hose
`assembly 116 to the HVLP nozzle assemblies 106a,b. The
`second pump 113b is configured to pump the solution held in
`the second fluid container 160b along a fluid flow path F2
`through the hose assembly 116 to the HVLP nozzle assem-
`blies 106a, b. the third pump 113c is configured to pump the
`solution held in the second fluid container 160c along a fluid
`flow path F3 through the hose assembly 116 to the HVLP
`nozzle assemblies 106a,b. In one embodiment, the pumps
`130a,b,c are positive displacement pumps. Any other type of
`fluid pump may suffice. It will be appreciated, however, that
`one or more of the pumps 113a,b,c can be positioned any-
`where in the drawer 108.
`
`FIG. 8 illustrates a simplified perspective view of the inte-
`rior ofthe spray column 102. FIG. 9 is a close up view ofFIG.
`8 showing the HVLP nozzle mounting arms 12811,!) in one
`embodiment of the system 100. The nozzle mounting arms
`128a,b also hold fluid solenoid valves 115a-c. These solenoid
`valves 115a-c turn on or off the fluid flow through fluid paths
`F1, F2, and F3 between fluid pumps 113a-c and the HVLP
`nozzle assemblies 106a, b. The solenoid valves are controlled
`by the controller 122. The valves 115a-c can also be any type
`of suitable control valve. The hose assembly 116 holds the
`fluid paths F1, F2, and F3 as well as the air path A1. The three
`
`

`
`Case 6:12-cv-00665-LED Document 1-1 Filed 09/18/12 Page 22 of 25 PageID #: 29
`Case 6:12—cv—OO665-LED Document 1-1
`Filed 09/18/12 Page 22 of 25 Page|D #: 29
`
`US 8,201,288 B2
`
`5
`fluid paths F1, F2, F3 route to each solenoid valves 115a-c,
`respectively, and than to each nozzle assembly 106a, b. The air
`path Al routes to each nozzle assembly 106a,b from the
`HVLP turbine 118 and through hose assembly 116.
`FIG. 10 shows a detailed perspective View of an HVLP
`nozzle 106 and mounting arm assembly 124. The top of
`nozzle