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tl;dr:

"This configuration is the most advantageous for molding and for shipping in cereal packages."

The patent is on the specific packaging efficient design, not on the general idea.



What matters is "the claims". That text is not in the claims.


Good note, thanks for the warning. My quote is the patent applicant's summary of its invention and so worth taking with a large side of salt. I'm far from an expert but my interest has been piqued.

Reviewing the document after this note, I would say that the claims[1] themselves seem more vague than the diagrams suggest, but refer to the diagrams. Taken together the claims and diagrams referenced therein suggest a specific device, but the claims taken alone could equally apply to a much broader set of possible devices, which are nonetheless at least superficially distinct from the traditional tin-can walkie talkie. However, the nesting configuration does not seem to be covered by the claims explicitly, though it is illustrated in the diagrams.

If the claims irrespective of any referenced figures compose the whole of the patent, then it would seem that this patent took the general idea of a tin can walkie talkie and added a couple very straightforward practical construction considerations to obtain a patent that covers a large chunk of the possible ways you would want to go about mass producing a tin can walkie talkie inspired device. To wit, the claims seems mostly descriptive of a tin can-style walkie talkie with notches cut into the lip surrounding the diaphragm, then limited to more common modern mass production materials including poly resins, paper, and plastic. That is pretty broad without bringing significant innovation to the idea (unless I'm missing other nuances in the claims that make the invention described distinct from the platonic idea of a tin can walkie talkie other than the notches and the material).

If on the other hand, the specifics set out in the figures add restrictions to what is covered by the patent, i.e. if the patent doesn't cover items which could be construed to hold to the text of the claims, as long as they substantially diverge from the specifics of the figures, then the patent seems fairly specific.

I would be interested in any commentary on whether the figures are purely illustrative or if they actually add specificity apart from the text of the claims that further restricts the scope of the patent. Given the comment I'm responding to, I'm guessing that they are purely illustrative, which in this case seems to mean completely misleading since a more accurate illustration of the 'innovation' would be a tin can with notches in the lip surrounding the intact end of the can along with a note "not made out of tin", more or less.

[1] The claims:

1. A device for communicating comprising a flat base and a hollow frustum integral therewith and extending outwardly therefrom, retaining means at the smaller end of said frustum, a discrete diaphragm complementary in shape to said smaller end of said frustum and held thereagainst by said retaining means, and means for connecting a string between a pair of said diaphragms, whereby when a string between two diaphragms is under tension conversation into one device is transmit ted via the string to the other device.

2. The device set forth in claim 1, wherein the intersection between said base and said frustum is oval.

3.The device set forth in claim 1, wherein said resilient retaining means includes an inwardly facing flange at the smaller end of said frustum with a plurality of tabs spaced therefrom and integral therewith.

4. The device set forth in claim 3, wherein there are tabs spaced equidistantly around the periphery of said flange and spaced therefrom to define four undercuts therebetween.

5. The device set forth in claim 1, wherein said connecting means is spaced apart apertures in said diaphragm.

6-9 just cover suitable materials


Here's a patent that I feel is somewhat similar in it's obviousness and overly broad claims:

http://www.google.com/patents/US6361186

The litigation over this one shut down an entire functioning company and a lot of people lost their jobs. The companies that were sued by the patent holders provided "simulated neon" with products that did not resemble the diagrams in any way, other than the real general theme of "a translucent tube/rod/whatever backlit by LEDS such that it looked like neon".




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