Apple, Inc. v. Motorola, Inc. et al
Filing
107
Declaration of Winslow B. Taub filed by Plaintiffs Apple, Inc., Next Softward, Inc. re: 90 Motion Requesting Claims Construction by Plaintiffs. (Attachments: # 1 Ex. A, '486 Inf. Chart, # 2 Ex. B, '354 file history excerpt, # 3 Ex. C, '354 file history excerpt, # 4 Ex. D, Spielman report excerpts, # 5 Ex. E, '983 file history excerpts, # 6 Ex. F, '983 file history excerpts, # 7 Ex. G, '337 Inf. Chart, # 8 Ex. H, '002 Inf. Chart, # 9 Ex. I, '002 file history excerpt, # 10 Ex. J, '002 file history excerpt, # 11 Ex. K, '002 file history excerpt, # 12 Ex. L, dictionary definitions, # 13 Ex. N, JPS63-167588 cert. trans., # 14 Ex. O, appl. 08/050952 file history excerpt, # 15 Ex. P, invalidity conten. excerpt, # 16 Ex. Q, 6,371,977, # 17 Ex. R, 5,474,831) (Haslam, Robert) Modified on 7/18/2011 (llj).
EXHIBIT R
111111111111111111111111111111111111111111111111111111111111111111111111111
US005474831A
United States Patent
[19]
[11]
Nystrom
[45]
[54]
BOARD FOR USE IN CONSTRUCTING A
FLOORING SURFACE
[76]
Inventor:
[21]
Appl. No.: 912,774
[22]
Filed:
[51]
[52]
[58]
1,931,709
2,094,910
2,571,603
3,287,203
4,384,621
5,059,474
Ron Nystrom, 7216 Backlick Rd.,
Springfield, Va. 22153
Jul. 13, 1992
Int. CI. •••..•••••.••.•••.••.••••••••.•••••••.•••••.•••••••••••• B32B 1100
U.S. CI•.......................... 428/174; 428/156; 428/167;
428/212; 428/213; 404/46
Field of Search ..................................... 428/172, 167,
428/174, 156, 212, 213, 192, 220; 521514,
553; 404/46, 96, 114; 114/136 R, 270,
254,349
References Cited
U.S. PATENT DOCUMENTS
55,154 711873 Wands ..................................... 1771144
168,672 1011875 Reed.
482,536 9/1892 Zegelmeyer.
II
10/1933
10/1937
10/1951
1111966
5/1983
10/1991
5,474,831
Dec. 12, 1995
Schaffert ................................... 521314
Baily ......................................... 404/96
Payzant ................................... 1441125
Elmendorf .............................. 1611123
Bitzel ........................................ 173/32
Yoshida ................................... 428/174
Primary Examiner-Donald J. Loney
Attorney, Agent, or Firm-Dennis H. Lambert
6
[56]
Patent Number:
Date of Patent:
GR
[57]
ABSTRACT
A board for use in constructing exterior floors has a rounded
or curved convex top surface to shed water, and a complementally shaped rounded or curved concave bottom surface
for nesting engagement with the top surface of an adjacent
board so that a plurality of the boards may be stacked in
stable relationship. The radius of curvature of the rounded
top surface is such that a floor formed by a plurality of the
boards placed side-by-side provides a comfortable surface
on which to stand and walk. In a modification, the bottom
surface has a plurality of stress-relief channels formed
therein to prevent cupping or warping of the board.
20 Claims, 3 Drawing Sheets
12
13
10
u.s. Patent
Dec. 12, 1995
5,474,831
Sheet 1 of 3
13
FIG. I
u.s. Patent
12
13
GR
II
5,474,831
Sheet 2 of 3
Dec. 12, 1995
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FIG.3
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I
II II
u.s. Patent
Sheet 3 of 3
Dec. 12, 1995
5,474,831
B
FIG. 4
GR
'-fO'
FIG.5
5,474,831
1
2
BOARD FOR USE IN CONSTRUCTING A
FLOORING SURFACE
Consequently, there is need for an exterior decking board
that is shaped to shed or drain water, and which possesses all
the desireable attributes of conventional decking materials,
such as ease of use and handling, low cost, and comfort, and
which at the same time can result in better utilization of
material as the boards are cut from a log.
FIELD OF THE INVENTION
5
This invention relates to construction material for use in
a flooring surface. More particularly, the invention relates to
a board for use in constructing an exterior floor.
SUMMARY OF THE INVENTION
10
BACKGROUND OF THE INVENTION
A variety of specialized flooring materials have been
developed for interior and exterior use. Indoor applications
are especially varied, including everything from granite and
marble to hardwoods and rubber compositions. Hardwood
floors for interior use typically range from individual, unfinished strips or boards that are sanded and stained or otherwise finished after being installed, to pre-finished boards and
various parquet styles. The individual boards, in particular,
used in hardwood flooring usually have stress relief channels
cut in their underside, and tongue and groove configurations
along the side edges. The major developments in interior
hardwood flooring, however, have been related to the use of
durable finishes, and not to the basic structural design of the
wood strips.
Wood flooring materials for exterior use, such as in decks
and the like, have undergone very little change since their
introduction. Up until fairly recently, wood flooring for
exterior use was typically found on covered porches, and
was not used in constructions fully exposed to weather
conditions. These floors were very close in structure and
appearance to interior flooring, and generally included
tongue and groove construction and other features used
indoors. The same boards might even be used both indoors
and outdoors, for example, with a painted surface on the
boards used outdoors to aid in resisting weather.
Construction materials and methods for exterior decks
and porches changed dramatically with the advent of chemically treated lumber, which enabled exterior structures to be
fully exposed to the weather. The chemically treated lumber
used in these structures is generally produced by subjecting
untreated lumber to a process whereby the chemicals are
caused to penetrate into the lumber by a vacuum or pressure
technique. This makes them weather-resistant, and provides
much greater flexibility in architectural style than previously
used materials for exterior construction.
However, very little change has been made in the basic
design of the wood building materials used in such exterior
constructions. For instance, flooring or decking used in
exterior decks comes in essentially only two configurations,
2x4 and/or 2x6 or 2x8 lumber, and so-called % decking
. boards. All of these flooring materials are essentially rectangular in cross-sectional configuration. Additionally, the %
decking boards have slightly rounded top edges.
In all conventional flooring materials known to applicant,
the top and bottom horizontal surfaces of these flooring
materials are flat and planar. As a result, water tends to stand
on the surface of the decking material, causing it to deteriorate more quickly than it otherwise would. Heretofore, the
solutions to this problem included spacing the decking
boards so that water can drain between them, and frequent
treatment with water-proofing materials.
Further, the process used to cut such lumber from logs can
produce inferior product on the outermost boards, often
leading to scrap.
15
20
25
30
35
Accordingly, it is an object of this invention to provide a
board for use in constructing flooring, wherein the board is
shaped to shed water from its upper surface and which, at the
same time, is comfortable to walk and stand on.
Another object is to provide a decking board for use in
exterior deck constructions, wherein the board has a convex
upper surface to shed water, but which at the same time is
comfortable to stand and walk on, and which includes a
concave configuration in its bottom surface to facilitate
stacking of the boards one on top of the other during storage
and handling.
A further object of the invention is to provide a decking
board which is shaped to shed water from its upper surface,
and which also yields a superior product when cut from a
log, reducing the amount of scrap in the outermost boards
cut from a log.
These and other objects and advantages of the invention
are achieved by shaping at least the top surface of a board
through cutting or milling and the like, so that the board has
a very slightly rounded convex upper surface sloping off to
each side of the board for shedding water. In a preferred
embodiment, the board has a concave bottom surface shaped
complementally to the top surface to facilitate stacking of
the boards on top of one another. The shaped top surface also
results in a board configuration which enables more usable
boards to be obtained from a log, and the shaped bottom
surface lends a slight cushioning effect to the board. In
another form, the board has stress-relief channel means
formed in its bottom surface to prevent warping of the board.
BRIEF DESCRlPTION OF THE DRAWINGS
40
45
50
55
60
65
The invention will be understood with greater clarity in
the following detailed description of the preferred embodiments, especially when considered in conjunction with the
accompanying drawings, wherein like reference characters
designate like parts throughout the several views, and
wherein:
FIG. 1 is a top perspective view, with portions broken
away, of a pair of boards embodying the invention shown in
stacked relationship on top of one another;
FIG. 2 is a transverse sectional view of a decking board
incorporating the features of the invention;
FIG. 3 is an end view of a plurality of decking boards
according to the invention, shown installed in side-by-side
relationship on a frame;
FIG. 4 is a somewhat schematic transverse sectional view
of a log, showing the relationship to the outer surface of the
log of several outer boards to be cut from it, illustrating a
variety of ways in which the invention can lead to better
utilization of material in the log; and
FIG. 5 is an end view similar to FIG. 2 of an embodiment
of the invention in which stress relief channels are formed in
the underside of the board.
DETAILED DESCRlPTION OF THE
PREFERRED EMBODIMENTS
Referring more specifically to the drawings, a board in
accordance with the invention is shown generally at 10 in
5,474,831
3
FIGS. 1-3. In FIG. 1, two such boards are shown in stacked
relationship one on top of the other. The board specifically
shown and described herein has generally the size and shape
of a so-called 5f4 decking board, with rounded top side edges
11 and 12 each having a radius of curvature r of about 5
one-quarter of an inch. The board 10 differs slightly in width
wand thickness t from a standard decking board, however,
in that it has a width of only about 5 inches and a thickness
of about 1% inches.
More importantly, the board of the invention has a slightly 10
rounded upper surface 13 that slopes gradually off to either
side of the center of the board, defining a convex surface that
promotes the running off of water. This surface may have a
radius of curvature R I , for example, of about 24 inches.
Further, in a preferred construction the board also has a 15
complementally shaped concave bottom surface 14 with a
radius of curvature R2 of about 24 inches, placed to leave
two relatively flat side panels c and d along opposite edges
of the board.
The curved top surface has a total fall or drop a from the
center to each side edge of about VB of an inch, and the 20
curved bottom surface similarly has a total recess b from the
plane of the two side panels to the deepest part at the center
of the board of about Vs of an inch.
With particular reference to FIGS. 1-5, it can be seen that 25
the convex top surface 13 is curved in the same general
direction as the curvature of the growth rings GR. This
insures that the boards can only be installed with their
growth rings oriented convex (or bark side) up. This is the
proper orientation for the installation of decking boards, 30
with reference to the orientation of the growth rings. With
conventional decking materials, the boards are frequently
installed improperly, with the growth rings oriented concave
side up. This leads to accelerated deterioration of the boards
when exposed to weather.
35
Moreover, and as noted hereinafter, manufacture of the
decking boards in accordance with the present invention
removes many, if not all, of the blemishes frequently found
in conventional decking materials, including so-called No.1
40
grade materials.
When stacked on top of one another, as shown in FIG. 1,
the boards essentially nest within one another, with the two
side panels on a top board resting on the curved outer edge
portions of a subadjacent board to produce an arrangement
that enables multiple boards to be stacked with essentially 45
the same stability as conventional, flat boards. In this
connection, it should be noted that the curved surfaces may
be dimensioned so that the entire adjacent curved surfaces of
two stacked boards are in full contact with one another, or
they may be dimensioned so that just the side panels of a top 50
board engage on the top curved surface of a bottom board.
In use, the boards are installed in close-fitting, side-byside relationship to one another on a frame, by using
fasteners F extended through the boards and into the frame. 55
Other types of fastening methods may be used if desired. As
depicted in FIG. 3, a small clearance space S is provided
beneath the boards when they are installed, which provides
a slight cushioning effect to the flooring surface made with
the boards.
60
In tests conducted using the flooring of the invention, it
has been found that the slightly rounded upper surface of the
boards provides a comfortable surface on which to stand
and/or walk.
FIG. 4 shows the relationship of the outermost boards B 65
cut from a log L. Since these outermost boards are very near
the bark or softer outer surface of the log, they frequently
4
have defects extending along their side edges which can
result in these boards being scrapped. Boards lOa and lOb
made in accordance with the invention, however, have these
outer longitudinal edges rounded off, which many times
results in removal of the softer material or defects commonly found in conventional boards, thus reducing the
amount of scrap in these boards and utilizing more of the
material in the log.
In FIG. 5, a modification is shown at 10'. In this form of
the invention, a pair of stress relief cuts or channels 15 and
16 are made along the underside 14' of the board to minimize
cupping or warping of the board.
While the invention has been shown and described in
detail, it is obvious that this invention is not to be considered
as being limited to the exact form disclosed, and that
changes in detail and construction may be made therein
within the scope of the invention, without departing from the
spirit thereof.
What is claimed is:
1. A board for use in constructing a flooring surface for
exterior use, said board having a top surface, a bottom
surface and opposite side edges, said top surface being
manufactured to have a slightly rounded or curved configuration from a longitudinal center line thereof downwardly
toward each side edge, thereby defining a convex top surface
which sheds water and at the same time is comfortable to
walk on, and said bottom surface having a concave configuration for nesting engagement with the top surface of
another board so that a plurality of the boards may be
stacked one on top of the other with the stability of conventional boards having flat top and bottom surfaces.
2. A board as claimed in claim 1, wherein:
both the top and bottom surfaces of the board are curved
or rounded, with the concave curved surface on the
bottom of a board being shaped complementally to the
convex curved surface on the top of the board.
3. A board as claimed in claim 2, wherein:
the radius of curvature of the top surface of the board is
approximately five times as great as the width of the
board.
4. A board as claimed in claim 3, wherein:
the radius of curvature of the bottom surface of the board
is approximately five times as great as the width of the
board.
5. A board as claimed in claim 1, wherein:
said board comprises a pressure-treated decking board.
6. A board as claimed in claim 5, wherein:
both the top and bottom surfaces of the board are curved
or rounded, with the concave curved surface on the
bottom of a board being shaped complementally to the
convex curved surface on the top of the board.
7. A board as claimed in claim 6, wherein:
the radius of curvature of the top surface of the board is
approximately five times as great as the width of the
board.
8. A board as claimed in claim 7, wherein:
the radius of curvature of the bottom surface of the board
is approximately five times as great as the width of the
board.
9. A board as claimed in claim 8, wherein:
the board comprises a 5,4 decking board having a width of
about five inches and a thickness of about one and
three-eighths inches, and said radius of curvature of the
top surface results in a difference in level between the
longitudinal center of the board and its opposite side
edges of about one-eighth of an inch.
5,474,831
6
5
10. A board as claimed in claim 9, wherein:
said radius of curvature of the bottom surface results in a
difference in level between the longitudinal center of
the board and its opposite side edges of about oneeighth of an inch.
11. A board as claimed in claim 1, wherein:
the concave configuration of the bottom surface of the
board extends over less than the entire width of the
board, leaving a relatively narrow, flat surface along
each side edge of the bottom surface of the board.
12. A board as claimed in claim 11, wherein:
both the top and bottom surfaces of the board are curved
or rounded, with the concave curved surface on the
bottom of the board being shaped complementally to
the convex curved surface on the top of the board.
13. A board as claimed in claim 12, wherein:
the radius of curvature of the top surface of the board is
approximately five times as great as the width of the
board.
14. A board as claimed in claim 13, wherein:
the radius of curvature of the bottom surface of the board
is approximately five times as great as the width of the
board.
15. A board as claimed in claim 11, wherein:
said flat surfaces at the side edges of the board engage a
supporting surface on which the board is placed to
space the concave bottom surface of the board from the
supporting surface and define a space for circulation of
air when a plurality of the boards are stacked one on top
of the other or are installed in a floor.
16. A wood decking board for use in constructing a
flooring surface for exterior use, said decking board having
a convex top surface, a bottom surface, opposite side edges,
and curved growth rings, said top surface being smoothly
and symmetrically curved from a longitudinal center line
thereof downwardly to each side edge, said top surface
having a radius of curvature that is approximately five times
as great as the width of the board, thereby defining a
smoothly shaped and shallow convex top surface which
sheds water and at the same time when a plurality of the
boards are placed in side-by-side relationship to one another
5
10
15
20
25
30
35
40
to form a flooring surface they result in a substantially flat
surface that does not produce a tactile sensation of an
irregular surface, thereby providing a flooring surface that is
comfortable to walk on and which is capable of satisfactorily
supporting furniture and the like, and said convex top
surface is formed in the board so that the growth rings are
oriented in the same general direction as the curvature of the
top surface, thereby insuring that the hoard will always be
installed with the growth rings properly oriented to minimize the effect of cupping.
17. A board as claimed in claim 16, wherein:
the board has a width of about five inches and a radius of
curvature on the top surface of about twenty four
inches.
18. A decking board for use in constructing a flooring
surface for exterior use, said board having a convex top
surface, a bottom surface and opposite side edges; said
convex top surface being manufactured to have a radius of
curvature with a slightly rounded or curved configuration
extending across the top surface from one side edge to the
other, defining a difference in thickness between the longitudinal centerline and the opposite side edges, with the ratio
of said difference in thickness to the width of the board being
about 1:40; and said convex top surface serving to shed
water from said board when exposed to weather, and at the
same time, when a plurality of said boards are laid in
side-by-side relationship, presenting a surface that is comfortable to stand and walk on.
19. A board as claimed in claim 18, wherein:
the convex top surface of the board has a radius of
curvature that is about five times as great as the width
of the board.
20. A board as claimed in claim 19, wherein:
the board has a width of about five inches and a thickness
of about one and three-eighths inches, and said radius
of curvature is about twenty-five inches, resulting in a
difference in thickness between the longitudinal centerline and the opposite side edges of about one-eighth
of an inch.
* * * * *
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