`
`(12) United States Patent
`MacNeil et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 9,138,917 B1
`Sep. 22, 2015
`
`(54) DESIGNING AND MANUFACTURING
`VEHICLE FLOOR TRAYS
`
`(71) Applicant: MacNeil IP LLC, Boilingbrook, IL (US)
`(72) Inventors: David F. MacNeil, Hinsdale, IL (US);
`Scott A. Vargo, Lombard, IL (US)
`(73) Assignee: MacNeil IP LLC, Bolingbrook, IL (US)
`
`(*) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21) Appl. No.: 14/716,401
`(22) Filed:
`May 19, 2015
`Related U.S. Application Data
`(60) Continuation of application No. 14/565,040, filed on
`Dec. 9, 2014, now Pat. No. 9,067,511, which is a
`continuation of application No. 13/773,706, filed on
`Feb. 22, 2013, now Pat. No. 8,910,995, which is a
`continuation of application No. 13/595.703, filed on
`Aug. 27, 2012, now Pat. No. 8,382,186, which is a
`continuation of application No. 12/879.899, filed on
`Sep. 10, 2010, now Pat. No. 8.267,459, which is a
`continuation of application No. 1 1/463,203, filed on
`Aug. 8, 2006, now abandoned, which is a division of
`application No. 10/976,441, filed on Oct. 29, 2004,
`now Pat. No. 7,316,847.
`
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`
`(51) Int. Cl.
`B6ON3/04
`B29C 33/38
`B29C5L/It
`B29K 10.5/OO
`B29K23/OO
`B29L 3 1/30
`(52) U.S. Cl.
`CPC ............. B29C 33/3835 (2013.01); B29C 51/10
`(2013.01); B60N3/044 (2013.01); B60N3/048
`(2013.01); B29K2023/0675 (2013.01); B29K
`2105/256 (2013.01); B29L 2031/3017 (2013.01)
`
`
`
`(58) Field of Classification Search
`CPC ... B60N 3/044; B60N3/048; B29C 33/3835;
`B29L 2031/3017; B29K2105/256; B29K
`2023/0675
`split ation file for complete CRE 97.23
`
`(56)
`
`References Cited
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`
`Primary Examiner — Pinel Romain
`(74) Attorney Agent, or Firm — Perkins IPLaw Group LLC;
`Jefferson Perkins
`ABSTRACT
`(57)
`The three-dimensional positions of points on a Surface of a
`vehicle foot well are digitally measured and are stored in a
`memory. The stored points are used to construct an electronic
`model of the vehicle foot well surface. The electronic model
`of the vehicle foot well surface in turn is used to construct an
`electronic three-dimensional image of the vehicle floor tray.
`A vehicle tray data file is created from the electronic three
`dimensional image. The data file is in turn used to make a
`mold for a vehicle floor tray, and vehicle floor trays are
`manufactured by molding polymer material in the mold.
`6 Claims, 12 Drawing Sheets
`
`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 1
`
`
`
`US 9,138.917 B1
`Page 2
`
`(56)
`
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`
`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 2
`
`
`
`US 9,138.917 B1
`Page 3
`
`(56)
`
`References Cited
`
`OTHER PUBLICATIONS
`
`List of “front custom auto floor mats', etrailer.com (as downloaded
`by web.archive.org), Jun. 4, 2004.
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`public use prior to Oct. 29, 2003.
`Photographs of a Husky Liner floor tray with unknown manufacture
`date, obtained by Applicant in 2010, and believed to be on sale and in
`public use prior to Oct. 29, 2003.
`Husky Liners Product Catalog, 2001, pp. 1-2.
`Husky Liners Product Catalog, 2002, selected pages.
`Husky Liners Product Catalog, 2003/2, SEMA Show Edition,
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`Photographs of Winfield's Husky Liner Model 3780 for 2000-2001
`BMW X-5 possessed by Applicant, believed to be on sale and in
`public use prior to Oct. 29, 2003.
`1998 Lund Product Catalog, p. 24, Lund SportMat Molded Floor
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`Web advertisement for Fox Weatherboots, foxweatherboots.com (as
`downloaded by web.archive.org), Mar. 3, 2000.
`Nifty Products Catalog, 2003-2004, selected pages.
`Advertisement of unknown publication date for Husky Liner 3D
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`and believed to be on sale and in public use prior to Oct. 29, 2003.
`Photographs of Husky Liner 3D Floor Liners manufactured Aug.
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`public use prior to Oct. 29, 2003.
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`
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`in connection with Canadian Patent Application No. 2,672,423 dated
`Dec. 14, 2010.
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`www.huskyliners.com/superduty.html on Jan. 3, 2005.
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`Floor Liners', Winfield Consumer Products, Feb. 1, 2001, down
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`truckstuffusa.com/cusfitdeeptr.html on Jan. 3, 2005.
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`Nifty Products, Inc. and Husky, downloaded from http://www.
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`Automotive Products Limited, Downers Grove, IL, Nov. 1994, 4 pp.
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`No. 1 1/463,215 on Nov. 27, 2007.
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`No. 1 1/463,215 on Jun. 6, 2007.
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`0625354.6 dated Nov. 6, 2007.
`British Patent Office, Search Report on GB Applin. No. 0625354.6
`dated Mar. 3, 2008.
`Photographs of Ford Windstar floor mat with unknown manufacture
`date, obtained by Applicant in 2010, and believed to be on sale and in
`public use prior to Oct. 29, 2003.
`Japanese Patent Office, Notice of Reasons for Rejection issued for
`Japanese Patent Application No. 2011-015999 on Nov. 26, 2012.
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`
`* cited by examiner
`
`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 3
`
`
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`U.S. Patent
`U.S. Patent
`
`Sep. 22, 2015
`Sep. 22, 2015
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`Sheet 1 of 12
`Sheet 1 of 12
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`US 9,138.917 B1
`US 9,138,917 B1
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`MacNeil Exhibit 2045
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`Yita v. MacNeil IP, IPR2020-01139
`Page 4
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`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 4
`
`
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`U.S. Patent
`U.S. Patent
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`Sep. 22, 2015
`Sep. 22, 2015
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`Sheet 2 of 12
`Sheet 2 of 12
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`US 9,138.917 B1
`US 9,138,917 B1
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`
`
`S.
`140
`
`
`
`LYI
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`Pea
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`
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`
`
`MacNeil Exhibit 2045
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`Yita v. MacNeil IP, IPR2020-01139
`Page 5
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`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 5
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`
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`U.S. Patent
`U.S. Patent
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`Sep. 22, 2015
`Sep. 22, 2015
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`Sheet 3 of 12
`Sheet 3 of 12
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`US 9,138.917 B1
`US 9,138,917 B1
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`
`
` VyaeA\rnYN
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`VA
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`
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`
`
`MacNeil Exhibit 2045
`
`Yita v. MacNeil IP, IPR2020-01139
`Page 6
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`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 6
`
`
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`U.S. Patent
`U.S. Patent
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`Sep. 22, 2015
`Sep. 22, 2015
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`Sheet 4 of 12
`Sheet 4 of 12
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`US 9,138.917 B1
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`MacNeil Exhibit 2045
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`Yita v. MacNeil IP, IPR2020-01139
`Page 7
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`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 7
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`U.S. Patent
`U.S. Patent
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`Sep. 22, 2015
`Sep. 22, 2015
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`Sheet 5 of 12
`Sheet 5 of 12
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`US 9,138.917 B1
`US 9,138,917 B1
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`FIG.5
`
`s
`
`MacNeil Exhibit 2045
`
`Yita v. MacNeil IP, IPR2020-01139
`Page 8
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`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 8
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`
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`U.S. Patent
`
`Sep. 22, 2015
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`Sheet 6 of 12
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`US 9,138.917 B1
`
`606
`600 - 777 777 7777 7
`
`604 -14 / 44 4 44 4 / 44 Z
`300
`
`FIG. 6
`
`700
`
`701
`
`CMM VEHICLE FOOT WELL
`POINTAOUISITION
`
`SPLINES
`
`702
`
`VEHICLE FOOTWELL
`SURFACE MODEL
`703 N top. Bottomsketch planes
`
`ADJUST FOR SURFACE I-707
`RREGULARITIES
`
`720
`
`722
`
`704
`
`724
`
`726
`
`705
`
`706
`
`
`
`DRAW LINES BETWEEN LOC
`
`
`
`LOFT SIDEWALL AREAS
`T.
`
`FIT CURVES
`
`RADIUSING
`
`TOP SKETCHPLANE LOCUS
`
`Mr.SFOR 709
`
`BOTTOM SKETCHPLANE LOCUS
`
`SHELL
`
`TRAY DATA FILE
`
`SLA
`
`711
`
`708
`
`710
`
`712
`
`MOLD
`
`TREXTRUSION
`SHEETS
`
`VEHICLE FLOOR TRAYS
`
`FIG. 7
`
`714
`
`716
`
`MacNeil Exhibit 2045
`Yita v. MacNeil IP, IPR2020-01139
`Page 9
`
`
`
`U.S. Patent
`U.S. Patent
`
`Sep. 22, 2015
`Sep. 22, 2015
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`Sheet 7 of 12
`Sheet 7 of 12
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`US 9,138.917 B1
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`US 9,138.917 B1
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`1.
`DESIGNING AND MANUFACTURING
`VEHICLE FLOOR TRAYS
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`RELATED APPLICATIONS
`
`This application is a continuation of copending U.S. Non
`provisional application Ser. No. 14/565,040 filed on Dec. 9,
`2014, which is in turn a continuation of U.S. Nonprovisional
`application Ser. No. 13/773,706 filed Feb. 22, 2013, now U.S.
`Pat. No. 8,910,995, which in turn is a continuation of U.S.
`Nonprovisional application Ser. No. 13/595.703 filed on Aug.
`27, 2012, now U.S. Pat. No. 8,382, 186, which is in turn a
`continuation of U.S. Nonprovisional application Ser. No.
`12/879,899 filed on Sep. 10, 2010, now U.S. Pat. No. 8,267,
`459, which is in turn a continuation of U.S. Nonprovisional
`application Ser. No. 1 1/463,203 filed on Aug. 8, 2006, now
`abandoned, which is in turn a division of U.S. Nonprovisional
`application Ser. No. 10/976,441 filed on Oct. 29, 2004, now
`U.S. Pat. No. 7.316,847. The disclosures and drawings of the
`aforementioned applications are fully incorporated by refer
`ence herein.
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`BACKGROUND OF THE INVENTION
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`conventional vehicle floortray is typically molded of a single
`ply rubber or plastic material, exhibits enough stiffness to
`retain a three-dimensional shape, but is also at least somewhat
`flexible. Fitting such a tray to the complex three-dimensional
`surface of a vehicle foot well has proven to be difficult, and
`the products currently in the marketplace have limited con
`Sumer acceptance because of their loose fit inside the foot
`well. There is often, and in many places, a considerable space
`between the exterior wall of these conventional trays and the
`interior surface of the foot well. This causes the wall to
`noticeably deform when the occupants foot contacts it.
`Vehicle owners have a tendency to dislike floor trays which
`rattle, deform, shift and flop about. A need therefore persists
`for a floortray that will have a more exact fit to the vehicle foot
`well for which it is provided, that stays in place once it is
`installed, and that provides a more solid and certain feel to the
`occupants’ feet.
`Some vehicle floor mats that are now on the market have
`fluid reservoirs built into them. Particularly in cold or wet
`climates, dirty water has a tendency to be shed onto the floor
`mat, where it persists until it evaporates. If there is enough of
`it, it will leak off of the floor mat and stain the carpeting of the
`foot well that the mat was meant to protect. These reservoirs
`typically are recessed areas in the mats that provide the mats
`with an enhanced ability to retain snow-melt and the like,
`until the water evaporates or can be disposed ofby the vehicle
`owner or user. One advanced design places treads in the
`middle of the reservoir, such that the feet of the occupant are
`held above any fluid that the reservoir collects. But including
`such a reservoir within a floor tray that otherwise has an
`acceptable fit to the surface of a vehicle foot well has not yet
`been done, since there are problems in incorporating a three
`dimensional liquid-holding vessel into a product that ideally
`conforms, on its lower surface, to the surface of the foot well.
`Further, a reservoir which collects drip water from a large
`surface, such as a vehicle floor tray, will exhibit more prob
`lems in keeping the collected fluid from sloshing about in a
`moving vehicle.
`Conventional vehicle floor mats and trays are molded from
`a single rubber or plastic material. The selection of this mate
`rial is controlled by its cost, its resistance to shear forces, its
`tensile strength, its abrasion resistance, its ability to conform
`to the surface of the vehicle foot well, its sound-deadening
`properties and how slippery or nonslippery it is relative to the
`occupants’ feet, with nonslipperiness (having a relatively
`high coefficient of friction) being advantageous. Often the
`designer must make tradeoffs among these different design
`constraints in specifying the material from which the tray or
`mat is to be made.
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`Motor vehicles are almost always operated in the out of
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`doors and are frequently parked there. It is therefore very
`common for their occupants to have wet or muddy feet if
`the occupants have not just finished an outdoor activity, at
`least they have had to walk across a possibly wet, Snowy or
`muddy surface to access their vehicles. For decades, there
`fore, vehicle owners have been attempting to protect the
`enclosed interiors of their vehicles (cars, trucks, SUVs) from
`what they themselves track into them. The conventional solu
`tion to this has been to provide a vehicle floor mat which may
`be periodically removed by the owner and cleaned.
`Human beings have a tendency to move their feet around,
`and foot motion is an absolute requirement in operating most
`vehicles. This has caused a problem, in that the occupants of
`a vehicle have a tendency to push around the floor mats with
`their feet. The floormats end up not being centered on the area
`protected, or pushed up so as to occlude the gas, brake or
`clutch pedals, or bunched up or folded over—all undesirable
`conditions. One objective of floor mat manufacturers has
`therefore been to provide a floor mat that will stay put and
`which will not adversely affect vehicle operation.
`The foot wells of cars, trucks and SUVs vary in size in
`shape from one model of vehicle to the next. Floormat manu
`facturers have noticed that floor mats which at least approxi
`mately conform to the shape of the bottom surface of the foot
`well stay in place better and offer more protection. It is also
`common for such floor mats, where provided for front seat
`foot wells, to have portions which are meant to lie against the
`firewalls or front surfaces of the foot wells. Even as so
`extended it is not too hard to provide a floor mat of flexible
`material that will approximately conform to these two Sur
`faces, as the designer only has to mark a two-dimensional
`periphery of the mat in providing one which will fit reason
`ably well.
`More recently, vehicle floortrays have come onto the mar
`ket. Most front-seat vehicle foot wells are actually three
`dimensional concave shapes, typically with complex curved
`surfaces. Floor trays have sidewalls that offer enhanced pro
`tection to the Surfaces Surrounding the vehicle floor, as might
`be needed against wearers with very muddy or Snowy shoes.
`Conventional vehicle floor trays try to fit into these three
`dimensional cavities, but so far their fit to the surfaces that
`they are Supposed to protect has been less than optimum. A
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`SUMMARY OF THE INVENTION
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`According to one aspect of the invention, there is provided
`a vehicle floor cover, mat or tray which is removably install
`able by a consumer and which is formed of at least three
`layers that are bonded together, preferably by coextrusion.
`The three layers include a central layer whose composition is
`distinct from a bottom layer and a top layer. Preferably, all
`three layers are formed of thermoplastic polymer materials.
`In another aspect of the invention, the top layer exhibits a
`kinetic coefficient of friction with respect to a sample meant
`to emulate a typical shoe outsole (neoprene rubber, Shore A
`Durometer 60) of at least about 0.82.
`Preferably, a major portion of the central layer is a poly
`olefin. More preferably, the polyolefin is either a polypropy
`lene or a polyethylene. Most preferably, the polyolefinis high
`molecular weight polyethylene (HMPE) as herein defined. In
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`an alternative embodiment, the central layer can be a styrene
`acrylonitrile copolymer (SAN) or an acrylonitrile-butadiene
`styrene (ABS) polymer blend.
`Preferably, a majorportion of the top layer is a thermoplas
`tic elastomer, Such as one of the proprietary compositions
`sold under the trademarks SANTOPRENER), GEOLASTR
`and VYRAMR). VYRAMR) is particularly preferred. In
`another embodiment, a major portion of the top layer can be
`an ABS polymer blend. Where ABS is used in both the top and
`central layers, it is preferred that the amount of the polybuta
`diene phase in the top layer be greater than the amount of this
`phase in the central layer.
`It is further preferred that a major portion of the bottom
`layer likewise beathermoplastic elastomer, and conveniently
`it can be, but does not have to be, of the same composition as
`the major portion of the top layer.
`Preferably one or more of the layers is actually a polymer
`blend, in which a minor portion is preselected for its coextru
`sion compatibility with the adjacent layer(s). Thus, a minor
`portion of the top and bottom layers can consist of a polyole
`fin, while a minor portion of the central layer can consist of a
`thermoplastic elastomer. In each case, it is preferred that the
`minor portion be no more than about one part in four by
`weight of each layer, or a weight ratio of 1:3. Where all three
`layers are preselected to be ABS blends, the amount of polyb
`utadiene preferably is decreased in the central layer relative to
`the top and bottom layers.
`While the preferred embodiment of the vehicle floor cover
`consists of three integral layers, any one of the recited layers
`can in fact be made up of two or more Sublayers, such that the
`total number of sublayers in the resultant mat or tray can
`exceed three.
`In another embodiment, the thermoplastic elastomer con
`stituent of the top, central and/or bottom layers described
`above can be replaced with a natural or synthetic rubber,
`including styrene butadiene rubber, butadiene rubber, acry
`lonitrile butadiene rubber (NBR) or ethylene propylene rub
`ber (EPDM).
`According to a related aspect of the invention, a vehicle
`floor cover is provided that has three layers bonded together,
`preferably by coextrusion. Major portions of the top and
`bottom layer consist of thermoplastic elastomer(s). The top
`and bottom layers have compositions distinct from the central
`layer, which can be chosen for its relatively low expense. It is
`preferred that a major portion of the central layer be a poly
`olefin and that major portions of the top and bottom layers be
`one or more thermoplastic elastomers. The polyolefin may be
`selected from the group consisting of polypropylene and
`polyethylene, and preferably is a high molecular weight poly
`ethylene (HMPE). The thermoplastic elastomer can, for
`example, be SANTOPRENER), GEOLASTR or VYRAMR,
`with VYRAMR) being particularly preferred. It is also pre
`ferred that each of the layers be a polymer blend, with a minor
`portion of each layer being chosen for its coextrusion com
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`patibility with adjacent layers. For example, the top and bot
`tom layers can consist of a 3:1 weight ratio of VYRAMR/
`HMPE, and the central layer of a 3:1 weight ratio of HMPE/
`VYRAMCR).
`In an embodiment alternative to the one above, the top and
`bottom layers can consist of ABS polymer blends and the
`central layer can consist of SAN or an ABS in which the
`polybutadiene phase is present in a smaller concentration
`than in the top and bottom layers.
`In yet another embodiment, the thermoplastic elastomer
`recited in this aspect of the invention may be replaced with a
`natural or synthetic rubber, such as styrene butadiene rubber
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`(SBR), butadiene rubber, acrylonitrile butadiene rubber
`(NBR) or ethylene propylene rubber (EPDM).
`In a further aspect of the invention, a vehicle floor tray or
`mat according to the invention is made of three layers,
`wherein a top layer and a bottom layer have composition(s)
`distinct from the central layer, and wherein at least one of the
`shear strength per cross-sectional area, tensile strength per
`cross-sectional area and stiffness per cross-sectional area is
`greater than any one of the layers from which the tray or mat
`is composed. It has been found that a triextruded vehicle mat
`or floor tray according to the invention exhibits a tensile
`strength at yield, a tensile stress at break, a tensile modulus, a
`shear strength and a flexural modulus (stiffness) which are
`Superior to either a polyolefin-dominated single extrusion or
`a thermoplastic elastomer-dominated single extrusion. The
`triextrusion tray demonstrates these enhanced physical prop
`erties while at the same time affording an enhanced coeffi
`cient of friction to the feet of the occupant and improved
`tactile properties. By presenting such a Surface to the shoe of
`the driver or passenger, the footing of the driver or passenger
`will be more sure and comfortable.
`In a further aspect of the invention, a vehicle foot well tray
`is provided as a part of a system that has the vehicle foot well
`as its other main component. The tray has a greatly enhanced
`conformance to the surface of the vehicle foot well for which
`it is provided. At least two upstanding walls of the tray, both
`extending from the tray floor to a top margin, conform to
`respective surfaces of the vehicle foot well such that at least
`within that one-third of the area of the outer surface of these
`upstanding walls of the tray which is adjacent the top margin,
`90% of that top third area departs by no more than about
`one-eighth of an inch from the foot well surfaces to which
`they mate. These upstanding tray Surfaces may be opposed
`Surfaces or adjacent Surfaces, and preferably are both. In a
`preferred embodiment, the tray departs from a door sill sur
`face of the vehicle foot well, and/or a sill curve of the vehicle
`foot well, by about 0.025 inches. The upstanding sidewalls of
`the floor tray conform to the foot well surfaces which they
`cover, even where such foot well surfaces present both con
`cave and convex surface elements.
`In a still further aspect of the invention, a top margin of a
`vehicle flo