throbber
United States Patent (19)
`Albanese
`
`[11] Patent Number:
`(45) Date of Patent:
`
`4,984,367
`Jan. 15, 1991
`
`(54) COMBINATION UTENSIL
`76 Inventor: Joseph Albanese, 102 Village
`Ave.-Apt. 3C, Rockville Center
`N.Y. 11570
`(21) Appl. No.: 463,947
`22 Filed:
`Jan. 8, 1990
`
`FOREIGN PATENT DOCUMENTS
`2266432 3/1975 France .................................. 30/324
`Primary Examiner-Douglas D. Watts
`Attorney, Agent, or Firm-Felfe & Lynch
`57
`ABSTRACT
`8
`A combination utensil is disclosed. The utensil features
`Related U.S. Application Data
`at least one recess along the back of its handle portion,
`Continuation of Ser. No. 285,121, Dec. 16, 1988, aban-
`and a nonlinear end which is received by the user's
`63
`doned.
`hand. Both of these features facilitate the utensil's used.
`Int. C1.5 ......
`A47J 43/28
`Additionally, the other end of the handle portion fea
`51
`52 U.S.C. .30/30/32 tures a recess adapted for reception of the user's finger.
`'3632.
`This enables the user to apply pressure to the implement
`58) Field of Search .................................. 30/147-150,
`end of the utensil. Placement of this recess on the handle
`30/322-328
`portion and not on the implement portion allows a con
`figuration of the implement portion which includes a
`concave recess. The utensil may be made, e.g., of biod
`gradable or recyclable material.
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`843,953 2/1907 Laramy ................................. 30/147
`2,473,288 6/1949 McNeill ................................ 30/47
`
`9 Claims, 1 Drawing Sheet
`
`
`
`Ex. 2012, Page 1
`Patent Owner Humangear, Inc.
`Industrial Revolution, Inc. v. Humangear, Inc.: IPR2023-01174
`
`

`

`US. Patent
`U.S. Patent
`
`
`
`4,984,367
`
`Jan. 15, 1991
`Jan. 15, 1991
`
`4,984,367
`
`Humangear, Inc. Ex. 2012, Page 2
`
`Humangear, Inc. Ex. 2012, Page 2
`
`

`

`5
`
`10
`
`1.
`
`COMBINATION UTENSIL
`This application is a continuation of application Ser.
`No. 285,121, filed Dec. 16, 1988, now abandoned.
`FIELD OF THE INVENTION
`This invention relates to a combination utensil
`adapted for ease of use by the user. More particularly, it
`relates to "one-piece' eating utensils which, if desired,
`can be recycled or disposed of.
`BACKGROUND AND PRIOR ART
`Combination utensils used for eating are well known
`in the art. The term "spork", which refers to the combi
`15
`nation of spoon and fork elements being used in the one
`utensil, is well known even to the very young. Addi
`tional devices are also known which incorporate ele
`ments of knife and fork, but not spoon (U.S. Pat. No.
`4,771,541); or combination of knife, spoon, and fork (D 20
`190,198, D 147,119). These "combination utensils” as
`they will be described herein, are generally made of
`disposable material, such as plastic, and are used in
`cafeterias, prisons, hospitals, and at restaurant type es
`tablishments where a great number of meals are served.
`25
`In a great number of these establishments, the food
`served is predominantly, or exclusively of the "take
`out' variety, and recovery and reuse of the utensils used
`to consume the food served is not feasible or possible.
`The number of such utensils used no doubt has con
`30
`tributed to the number of patents in the field. Thus in
`U.S. Pat. No. 147,119, which is of course a very early
`example of the art, one finds the basic combination of a
`handle, a spoon bowl and a combination of knife edge
`and fork tines in one apparatus. This is the basic design
`35
`of all future devices.
`As is well recognized, one does not use a spoon, fork,
`and knife in the same manner. When food is consumed
`with a fork or spoon, no pressure, or very little pressure
`need be applied to use the apparatus. When a knife or 40
`knife and fork are used, however, it will be appreciated
`that pressure must be applied to the knife, for cutting, or
`to the fork holding the foodstuff to be cut. This differ
`ence in the way in which the utensils are used means
`that different considerations and criteria are features of 45
`the design and construction of different combination
`utensils. For example, in a device of the type depicted in
`D 190,198, where the combination is of a spoon bowl
`and fork tines, the device is clearly intended to be used
`for liquids, soft foods, and material which is already in 50
`small pieces. Such a device may be constructed of
`cheap materials as very little pressure need be applied
`thereto.
`When a cutting edge is used in the implement portion
`of such devices, however, the parameters change, be- 55
`cause now the fact that the user must apply pressure
`comes into consideration. To that end, U.S. Pat. No.
`4,771,541 teaches a tab means in the combination knife
`and fork displayed therein, upon which a user's finger
`can rest. This tab means permit the user to apply pres- 60
`sure at a point which allows the knife edge to be used,
`or to hold the fork tines in a piece of food while another
`cutting edge is used.
`The device shown in the '541 patent, however, is not
`usuable as a spoon means. The tab is positioned on a side 65
`of the implement means and such a construction would
`result in the liquid substance contained, e.g., in a spoon
`bowl, to pour out.
`
`4,984,367
`2
`The art therefore does not teach or suggest a combi
`nation utensil which is adapted for each of use, comfort
`of the user, and must important, permits the combina
`tion of availability of a number of cheap materials in its
`construction together with a spoon bowl means and at
`least a fork means. It is to a device of this type to which
`the invention is directed,
`SUMMARY OF THE INVENTION
`The invention is a combination utensil used in con
`suming foods and liquids, which is characterized by a
`handle means and an implement means. The utensil is of
`a one piece construction, where one end of the handle
`means joins to the implement means. The handle means
`has a length defined by two ends, one of which joins the
`implement means, the other of which is a terminal end.
`The terminal end is the portion of the device which
`meets the central portion of the user's hand. As such, in
`the apparatus described and claimed herein, this termi
`nal end is nonlinear, and may be, e.g., curved, rounded,
`cylindrical, spherical or some other form which facili
`tates reception in the hand of the user. At the other end,
`i.e., the end which joins the implement end, a recessed
`tab means is provided for reception of the user's finger.
`This permits the application of pressure on the imple
`ment end. The two described ends, of course, define the
`length of the handle, which also has a front side and a
`backside. Along the backside of the handle, there are
`positioned at least one, and preferably more than one,
`curved recesses. These curved recesses provide several
`advantages including, but not being limited to, facilitat
`ing grip strength, user confort, and so forth. Other ad
`vantages arising inherently therefrom will be recog
`nized by the skilled artisan.
`The implement means joins the handle means at the
`non-terminal handle end. The aforementioned tab does
`not extend into the implement means, which permits the
`implement means to comprise a concave recess which
`facilitates reception of a comestible number of tines to
`produce a fork means. Additionally the implement
`means may include a cutting edge on one lateral side of
`the implement means, preferably the side parallel the
`side containing the tab on the handle means.
`Reference is now made to the figures, a description of
`which follows, and the Detailed Description of Pre
`ferred Embodiments, which explains the invention in
`detail.
`BRIEF DESCRIPTION OF THE FIGURES
`FIG. 1 is a top view of a preferred embodiment of the
`apparatus described herein;
`FIG. 2 is a side view of this apparatus.
`DETAILED DESCRIPTION OF PREFERRED
`EMBODIMENTS
`With reference to the accompanying figures the in
`vention is a combination utensil 1 having a handle por
`tion 2 and an implement portion 3. With reference to the
`handle portion 2 its length is defined by a first terminal
`end 4 and a second terminal 5 which leads into, or is
`connected to the implement portion 3. The first termi
`nal end 4, as will be seen from the drawings is adapted
`for reception by the user's hand. This first terminal end
`may be, e.g., rounded, so that there is no discomfort
`when it is handled.
`Positioned at the second terminal end 5 is a recessed
`tab 6, which tab structure permits positioning of a user's
`finger thereupon. Such positioning allows the user to
`
`Humangear, Inc. Ex. 2012, Page 3
`
`

`

`5
`
`10
`
`15
`
`20
`
`35
`
`4,984,367
`3
`4.
`apply pressure to the apparatus, e.g., when a cutting
`It will be understood that the specification and exam
`edge, which may be serrated, is present and the appara
`ples are illustrative but not limitative of the present
`tus is used for slicing or cutting or for applying greater
`invention and that other embodiments within the spirit
`and scope of the invention will suggest themselves to
`pressure when fork tines are used.
`The implement portion is defined by a proximal end 7
`those skilled in the art.
`I claim:
`and a distail end 8, which define its length. The proxi
`1. A combination eating utensil comprising:
`mal end 7 defines the start of the implement end. This
`(i) a handle portion having a frontside and a backside
`structure should be distinguished from the second ter
`and having a length defined by a first non-linear
`minal end 5 of the handle portion. The proximal end is
`end and a second end leading into an implement
`characterized by the beginning of the concave recess 9,
`portion,
`and as such the recessed tab cannot continue into the
`(a) the backside of said handle portion having at
`implement portion. Proximal end 8 is characterized by a
`least one curved recess along its length,
`plurality of tines 10, which act as a "fork means'.
`(b) said second end having a tab structure adapted
`FIG. 1 shows an optional element of the invention in
`for reception of a user's finger, said tab structure
`the longitudinal cutting means 11, positioned on a lat
`not continuing onto said implement portion;
`eral side of the implement portion and on the side of the
`(ii) an implement portion comprising:
`utensil opposite the curved recess tab 6.
`(c) a proximal end connected to said second end of
`In FIG. 2, the back of device 1 can be seen, and as
`said handle portion;
`such a plurality of recesses 12 may be seen positioned
`(d) two opposed lateral sides which define a con
`thereon. It is a feature of the invention that at least one,
`cave recess which tapers from a widest portion
`and preferably more of these recesses are present on the
`at said proximal end to a narrowest portion at
`back, or dorsal side of the handle portion of the device.
`said distal end, said distal end terminating in an
`The dimensions of the device may of course vary, but
`alternating series of a plurality of V shaped in
`some examples of practical dimensions are a handle
`dentations and V shaped extensions which define
`25
`length of 33", and an implement end length of 2'. The
`a plurality of tines extending directly from said
`second terminal end of the handle portion, in such a
`distal end, wherein the number of said indenta
`case, can be about 3' wide, with a rounded first terminal
`tions is one more than the number of extensions;
`end having dimensions of x inches. The spoon bowl
`(e) two end tines each of which is defined by one of
`said opposing lateral sides and one side of one of
`of such a device can be about l' across, and the tines
`30
`said V shaped indentations; and
`about 3" long and " apart from each other. When a
`(f) a single cutting means which extends from one
`cutting edge is employed on the lateral side, such is
`of said two end tines and along a portion of the
`preferably about 'long, and may be a straight edge, or
`opposing lateral side defining said end tine, but
`may be serrated. The recesses along the back of the
`not along the entire opposing lateral side.
`handle portion, as shown in FIG. 2, may be placed
`2. Combination utensil of claim 1, wherein said han
`anywhere along the length desired. Typically, if the
`dle means comprises a plurality of curved recesses
`handle length is 33' and a plurality of recesses is used,
`along its backside length.
`these will extend about 13" along the length of the
`3. Combination utensil of claim 1, wherein said cut
`handle, and be about ' apart from each other.
`ting edge is serrated.
`The choice of material used to make the apparatus
`4. Combination utensil of claim 1, wherein said utensil
`may vary "Silverware', e.g., is composed of precious or
`is comprised of recyclable or reusable material.
`semi-precious metals such as silver, or more "utilitar
`5. Combination utensil of claim 4, wherein said recy
`ian' substances such as stainless steel or other metals.
`clable material is a cellulose derived material.
`When the apparatus is designed for disposal or recy
`6. Combination utensil of claim 4, wherein said recy
`45
`cling, the material may be any of the many plastics and
`clable material comprises wood.
`moldable substances known to the art for making dis
`7. Combination utensil of claim 5, wherein said recy
`posable tableware, as well as cellulose derivatives such
`clable material comprises a biodegradable plastic.
`as wood, recycled wood, wood pulp and chips, card
`8. Combination utensil of claim 1, wherein said utensil
`board paper, and so forth. The skilled artisan will be
`is comprised of non-toxic material.
`50
`aware of other available materials such as environmen
`9. Combination utensil of claim 1, wherein said utensil
`tally safe and nontoxic materials, all of which are en
`is comprised of environmentally safe material.
`compassed by this invention.
`
`k
`
`k
`
`k
`
`k
`
`55
`
`65
`
`Humangear, Inc. Ex. 2012, Page 4
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`4, 984, 367
`PATENT NO. :
`January 15, 1991
`DATED
`Joseph Albanese
`INVENTOR(S) :
`it is certified that error appears in the above-identified patent and that said Letters Patent is hereby
`corrected as shown below:
`
`Column 4,
`Claim 7, line 1 : change "5" to -- 4 --.
`
`Signed and Sealed this
`First Day of December, 1992
`
`Attest:
`
`Attesting Officer
`
`Acting Commissioner of Patents and Trademarks
`
`DOUGLAS B. COMER
`
`
`
`Humangear, Inc. Ex. 2012, Page 5
`
`

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