PRIORITY BASED ON RELATED APPLICATION

[001] This application claims priority from U.S. Application No. 14/018,565 filed September 5, 2013 and U.S. Provisional Application No. 61/855,945 filed May 28, 2013.

FIELD OF THE INVENTION

[002] The present invention relates to noise making devices of the type used for attendees of events and celebrations and, more particularly, to an apparatus manually operable in conjunction with a container or other tubular structure to generate sound.

BACKGROUND OF THE INVENTION

[003] During competitive games and other types of events held in large venues, groups of people often make efforts to generate loud expressions of enthusiasm or to cheer for a sports team, or to audibly affirm a person or a cause. However, persons desiring to generate such expressions often find themselves limited generating vocal expressions of limited duration and volume. While various devices are available to otherwise generate expressive sounds, these are often large or cumbersome to carry and are normally not available for purchase at the venue. It is desirable to provide an apparatus which can easily be made available at such events for a nominal cost.

BRIEF DESCRIPTION OF THE INVENTION

[004] According to one embodiment of the invention, there is provided an apparatus for use with a tube structure having first and second opposing ends. At least one of the ends of the tube structure includes an opening that can be covered. The structure includes a wall which extends from the first end to the second end. The apparatus includes a cover piece configured to be attached along one of the ends to cover or close the opening by placement of the cover piece in or about the opening. The apparatus also includes at least a first rod member having first and second opposing ends with the first rod member end attached to the cover piece and the second rod member end positioned away from the cover piece. A first mass is attached to the second end of the rod member, so that when the second rod member end and the mass are positioned within the tube, the rod member and the mass can be swung within the tube, causing the mass to hit the wall.

BRIEF DESCRIPTION OF THE DRAWINGS

[005] The present invention and uses thereof will be more readily understood when the following detailed description of the present invention is read in conjunction with the figures wherein:

[006] Figures 1A through 1C illustrate an embodiment according to the invention, comprising a noise-making assembly illustrated in conjunction with a beverage container, where:

[007] Figure 1 A is a perspective view of the assembly prior to insertion in a beverage

container,

[008] Figure IB provides a partial cut-away view of components in the noise-making

assembly, including a cap portion suitable for the embodiments of Figures 1 and Figures

4, and

[009] Figure 1C is a perspective view of the assembly positioned in the beverage container;

[010] Figures ID and IE illustrate another embodiment according to the invention, comprising an alternate embodiment of a noise-making assembly illustrated in conjunction with a beverage container, where:

[011] Figure ID is a perspective view of the assembly prior to insertion in a beverage

container, and

[012] Figure IE is a perspective view of the assembly positioned in the beverage container;

[013] Figure 2 illustrates orientation of a hand position with respect to a bottle for holding the bottle containing the noise-making assembly 14.

[014] Figures 3 A through 3D illustrate features of a noise-making assembly according to another embodiment of the invention, with:

[015] Figure 3 A providing a perspective view of the assembly incorporating a stopper in lieu of a threaded cap,

[016] Figure 3B providing a view from above of the stopper, [017] Figure 3C providing a sectional view of the stopper along line 3C - 3C of Figure 3B, and

[018] Figure 3D providing a perspective view of the assembly positioned in the beverage container;

[019] Figures 4A and 4B illustrate features of a noise-making assembly according to another embodiment of the invention, with:

[020] Figure 4A providing a perspective view of the assembly incorporating a handle in

addition to a threaded cap, and

[021] Figure 4B providing a perspective view of the assembly positioned in a beverage

container;

[022] Figure 5 is a perspective view of another embodiment of an assembly according to the invention showing an interior surface along a circular shaped cap and an arrangement for attaching a rod member thereto;

[023] Figure 6 is a perspective view of still another embodiment of an assembly according to the invention showing an interior surface 58 along a circular shaped cap and an arrangement for attaching a bifurcated rod member;

[024] Figures 7A and 7B are partial side views of a two sided rod member according to another embodiment of the invention, where

[025] Figure 7A is a view illustrating a major side of the rod member,

[026] Figure 7B is a view illustrating a minor side of the rod member, and

[027] Figure 7C is a perspective view of an assembly illustrating two rod members as

illustrated in Figures 7 A and 7B, each connected to a cap and one of the masses shown in

Figures 1;

[028] Figure 7D provides a side view of a rod member according to another alternate embodiment of the rod member to illustrate a major side having a relatively large width, W _L along a central portion of the rod member and a relatively narrow width W _N along other portions of the major side.

[029] Figure 7E is a perspective view of an assembly illustrating two rod members as illustrated in Figures 7D and 7B, each connected to a cap and one of the masses shown in Figures 1; [030] Figure 7F is a view of a rod member according to still another design, with the view taken through a central axis, showing that rod members according to the invention may have three or more sides; and

[031] Figures 8 A through 8G illustrate a variety of shapes suitable for the masses 60 shown in Figures 1 - 7.

[032] To the extent the described device features are not drawn to scale in the figures, they facilitate illustration of specific features relevant to the invention. Like reference characters denote like elements throughout the figures and text.

DETAILED DESCRIPTION OF THE INVENTION

[033] Before describing in detail exemplary systems and methods relating to the invention, it should be observed that the present invention resides in a novel and non-obvious combination of elements and method steps. So as not to obscure the disclosure with details that will be readily apparent to those skilled in the art, certain conventional elements and steps may be presented with lesser detail, while the drawings and the specification describe in greater detail other elements and steps pertinent to understanding the intended scope and embodiments of the invention. Also, the following embodiments are exemplary constructions which do not define limits as to structural arrangements or methods according to the invention. The now described embodiments are exemplary and permissive rather than mandatory and are illustrative rather than exhaustive.

[034] As used herein, the term tube refers to a structure having one or more wall portions extending around or enclosing a volume. Exemplary tube structures include conventional bottles used to dispense liquids, e.g., bottled refreshments. Many beverage bottles are suitably designed for a consumer to drink the refreshment directly from the bottle, i.e., without first pouring the beverage into a cup or glass. Generally, one class of beverage bottles has a neck opening, for dispensing or drinking the contents, positioned along a relatively narrow, low volume neck formed in an upper portion of the bottle. The neck merges into a lower container portion which typically defines a sufficiently large volume that holds the majority of liquid stored in the bottle. The typical beverage bottle or container has first and second closed tube ends. The first closed end often includes a removable cap or other closure device positioned around or in the neck opening. Typically, the second closed end is integrally formed as part of the lower container portion. The shape of the second integrally formed end often facilitates standing the container on the second end to achieve a stable orientation so the neck portion extends above the second end. This renders a stable erect position when the bottle is placed on a flat, level surface.

[035] Typically a consumer beverage bottle, of the type that a person drinks from directly, is designed to be hand-held. With placement of a hand about the lower container portion the bottle can be securely held while drinking. On the other hand, a feature of the typical consumer beverage bottle is that a person can hold the container by the neck with one hand. The hand can be positioned on the neck of the container to provide a degree of leverage that facilitates swinging or waiving the bottle in an inverted or non-erect orientation.

[036] The term rod member as used herein refers to an elongate member having opposing ends defining a length of relatively large dimension and a thickness having a relatively small dimension where, for example, the ratio of length to thickness may range from 30: 1 to 80: 1. A rod member may be flexible, or have resilience such as is characteristic of a spring-like member. A rod member may be formed of wire, fiberglass, plastic metal, fiber or a resin composite material.

[037] With reference to Figures 1A through 1C, there is shown an embodiment 10 according to the invention, comprising a consumer beverage bottle 12 and a noise-making assembly 14 insertable within the bottle 12. The bottle 12 may be of any conventional type, but the illustrated bottle is of the type typically formed with a continuous wall 11 of molded plastic. The bottle is of an exemplary design having a relatively wide container portion 16 extending upward into a narrowing neck region 18. The neck region terminates at an opening 22 while the bottle also includes a closed end 24 bounding the container portion along a bottom portion or underside of the bottle. The opening, through which a beverage contained in the bottle may pass, is positioned at a first end 26 of the bottle which is opposite the closed end 24 of the bottle. For embodiments which utilize a bottle having contained a beverage, it is to be understood that the first end 26 of the bottle may be designed to be closed with any of a variety of well-known container closures (not shown), referred to as cover pieces, such as bottle caps, stoppers and the like. In the illustrated example, the first end 26 includes screw-on bottle threads 28 along an exterior surface 32 of the end 26 for receiving mating threads formed along an inner wall of a cap so the cap may be screwed on to the first end 26 and thereby seal the contents stored within the bottle 12. In other embodiments, including bottles formed of a more rigid material than plastic, e.g., glass, the first end 26 may be contoured about the opening 22 to receive a malleable metal cap which stays affixed to the bottle when the bottle contains contents under pressure. In still other embodiments, the bottle is designed to receive a flexible (e.g., rubber- like) stopper, or a cork, insertable within the opening 22 to prevent movement of fluid out of the bottle.

[038] As shown in Figure 1 A, the noise-making assembly 14 comprises a cover piece in the form of a cap 40 having a flat, circular shaped top 44 and a cylindrically shaped wall 46 extending from the cap top 44. When installed on the bottle 12, the cap 40 fits about the first end 26 with the cap top covering the opening 22 and the with the cylindrically shaped wall 46 extending along the first end 26 of the bottle. In this embodiment, with the first end 26 of the bottle 12 having the screw-on threads 28 along the exterior surface 32 of the end 26, the cap 40 includes mating threads 48 formed along an interior surface 54 of the cap wall 46 for engaging the threads 28. With this arrangement the cap 40 may be screwed on to the first end 26. Figure IB is a partial cut-away view of the cap 40 illustrating the cap threads 48, as well as an interior surface 58 of the circular shaped cap top 44 which adjoins the interior wall surface 54.

[039] It is to be understood that, although the cap 40 may close or seal the opening 22 of the bottle 12, this is an optional, incidental feature which is not essential to embodiments of the invention. The combination of the threaded first end 26 of the bottle 12 and the threaded cap 40 provides a secure mounting arrangement of the noise-making assembly when portions of the assembly 14 are inserted within the bottle 12 as shown in Figure 1C.

[040] The noise-making assembly 14 further includes one or more masses 60, e.g., knockers, each connected to a rod member 64 which, in turn, is connected to the cap 40. The rod members 64 are attached to the cap 40 along the interior surface 58 of the circular shaped cap top 44. In the example embodiment 10, the assembly 14 comprises two rod members 64, each having first and second opposing ends 72, 74 by which the rod member connects a mass 60 to the cap 40. The first end 72 of each rod member is connected to a different one of the two masses 60 and the second end 74 of each rod member is connected to the cap 40. Other arrangements of the assembly 14 may include more than two masses 60 or more than one mass 60 attached to each rod member 64.

[041] As illustrated in Figure IB, the rod ends 74 are connected to the cap top 44 at fixation points 80a, 80b along the interior surface 58 of the circular shaped cap top 44. Connection of the rod ends 74 to the cap can be effected with one of numerous well known bonding or mechanical fastening techniques, including formation of a bond under pressure or elevated temperature, chemical bond formation, and use of a wide variety of fasteners and fastening or locking techniques. With a mass 60 attached to each second rod member end 72, and the rod member 64 attached to the cap 40, the mass 60 can be suspended from the cap 40, (e.g., under the force of gravity) while the combination of mass 60 and rod member 64 may be swung about one of the fixation points 80a, 80b.

[042] Figure 1C illustrates the noise-making assembly 14 positioned in the bottle 12 after passing the masses 60 and major portions of the rod members 64 through the bottle opening 22 and turning the cap 40 to engage the cap threads 48 with the screw-on bottle threads 28. The rod members 64 are of sufficient length that when the cap 40 has been turned to fully engage the threads 28 and 48 with one another and securely attach the cap 40 to the bottle, the masses 60 are suspended in the wide container portion 16 of the bottle where they can undergo motion such as a swinging movement within the volume enclosed by the wall 11.

[043] Figures ID and IE illustrate other embodiments of a noise making assembly according to the invention, where like reference numbers indicate like components described in Figures 1 A through 1C. Figure ID is a perspective view of a noise making assembly 14' prior to insertion in a beverage container, and Figure IE is a perspective view of a noise making assembly 14" comprising a beverage container 12'. The noise-making assembly 14' is similar to the embodiment of Figures 1A through 1C except that the assembly 14' includes only one rod member 64 attached to the cap 40 with a single mass 60 attached to the rod member end 72 so that only a single mass 60 may be suspended from the cap 40. The assembly 14' comprises the afore described cap 40 which fits about the first bottle end 26 to cover a bottle opening 22 with the cylindrically shaped wall 46 extending along the first end 26 of the bottle. As has been described for the assembly 14, with the first end 26 of the bottle 12 having the screw-on threads 28 the cap 40 may be screwed on to the first end 26.

[044] To be distinguished from the embodiment shown in Figure IB, the interior surface 58 of the cap 40 has one fixation point 80a to which the end 74 of the one rod 64 is connected along the interior surface 58 of the cap top 44. With the single mass 60 of the assembly 14' attached to the end 72 of the single rod member 64, the mass 60 can be suspended from the cap 40 in the wide container portion 16 of the bottle (e.g., under the force of gravity) and the combination of only one mass 60 and only one rod member 64 may be swung about the one fixation point 80a within the volume enclosed by the bottle wall 11.

[045] The noise-making assembly 14" is similar to the embodiment of Figures ID except that the assembly 14" includes a bottle 12' which, in place of having the single closed end 24, has two open ends, i.e., an opening 22 along the neck region 18 and an open end 24' bounding the container portion along a bottom portion or underside of the bottle.

[046] Figure 2 illustrates a hand position orientation for holding a bottle containing the noise- making assembly 14. The bottle is shown in spaced-apart relation to the hand. A hand may grasp the cap 40 or, a position along the first end 26, or a position along the narrowing neck region 18 of the bottle 12 in order to impart motion to the masses 60. For example, with a bending or turning motion of the wrist while the bottle is being so held by the hand, the masses may be swung back and forth within the bottle 12. A characteristic of the rod member, or a characteristic of attachment of the rod member to the cover piece, enables the rod member second end to swing within the tube structure, allowing the mass to collide with the wall of the tube structure. The arrows 82, 84 indicate exemplary alternate directions of movement imparted to the masses 60 when the bottle is so held with a hand and is swung based on movement of the adjoining wrist or arm. With such movement the rod members 64 can undergo pivotal movement about the fixation points 80a, 80b with the masses 60 swinging to repeatedly strike the wall 11. As the masses strike the wall 11 impulsive sounds are generated. A rapid repetition of impulsive sounds can be had by rapidly and continuously swinging the bottle 12 with a back and forth, e.g., reciprocating, motion to impart back and forth motion of the masses with respect to the bottle. This causes the masses to repeatedly strike the wall 11.

[047] Figures 3 A through 3D illustrate features of a noise-making assembly 14a according to a third embodiment of the invention. In lieu of providing the cap 40, the masses 60 and rod members 64 are suspended from a stopper 90. As shown in the figures, the exemplary stopper may have a slightly tapered profile in which an upper stopper surface 92 has a greater outside dimension than a lower stopper surface 94. When the stopper 90 is installed in a bottle opening 22 the upper stopper surface 92 is positioned along the first bottle end 26 near the opening 22 (e.g., outside the opening), while the lower stopper surface 94 is positioned within the bottle interior along or adjacent the neck region 18 and near the opening 22. [048] The stopper 90 may comprise a size-adjustable rubber-like mass or a cork body to accommodate variations in size of the bottle opening 22 among bottles of differing designs. As shown in the view of Figure 3B, taken along the upper stopper surface 92, the stopper 90 may be formed in a pre-cut pattern, i.e., having a series of partial cuts 98; (e.g., 98i, 98 ₂ ) defining varying outside dimensions, e.g., outside diameters, for the stopper 90. A user of the assembly 14a may then reduce the outside dimension of the stopper 90 by peeling or otherwise removing outer portions 102a or 102b of the stopper along a pre-cut pattern 98; to more appropriately fit the stopper within the opening 22. In this and other embodiments of the noise-making assembly, the second ends 74 of the rod members 64 can be affixed by forming a pair of holes 96 which extend partly or entirely through the mass as shown for the stopper 90 in Figure 3C. Each hole 96 extends upward from the lower stopper surface 94, near a fixation point 102a, 102b, and toward or to the upper stopper surface 92. As described for the fixation points 80a, 80b shown in Figure IB, by continuously swinging the bottle 12, the rod members 64 can undergo pivotal movement about the fixation points 102a, 102b, which movement causes the masses 60 to swing and repeatedly strike the wall 11 and to thereby generate a series of impulsive sounds.

[049] In addition to providing masses 60 and rod members 64 suspended from a cap 40 or a stopper 90, a noise-making assembly 14b according to a fourth embodiment of the invention includes a handle 104. The handle 104 may extend from the upper surface 44/92 of a cap or a stopper and may be integrally formed with the cap or stopper, e.g., in a molding process. Figures 4A and 4B illustrate one example of the assembly 14b comprising a cap 106, having features like the cap 40. With reference to Figure IB, the cap 106 includes the cylindrically shaped wall 46 and an interior surface 58 of the circular shaped cap top 44 which adjoins the interior wall surface 54. The cap 106 also includes mating threads 48 formed along the interior surface 54 of the cap wall 46. With this arrangement the cap 40 may be screwed on to the first end 26 of the bottle 12 in like manner to that described for the cap 40 with reference to Figures 1.

[050] Like the embodiment 10, the rod members 64 of the noise-making assembly 14b are attached to and extend away from fixation points 80a, 80b to suspend the masses 60 from the cap 106. The handle 104 extends in a direction away from the rod members 64 and masses 60. In one implementation, the handle 104 may be integrally formed with the cylindrically shaped wall of the cap 106, e.g., as an extension of the cap wall 46. When the handle 104 and cap 40 are integrally formed, e.g., in a molding process, the portion corresponding to the cap wall 46 shown in Figures 1 is a portion of a larger wall 108 which provides the handle 104 as well.

[051] With the handle 104 extending away from the bottle opening 22, the hand position shown in

Figure 2 for holding a bottle 12 containing a noise-making assembly may also be applied to the handle 104. Instead of applying the hand to the first bottle end 26 or the narrowing neck region 18 of the bottle, the hand may grasp the handle 104 to impart motion to the masses 60 (e.g., with bending or turning motion of the wrist or forearm).

[052] To impart strength and stiffness to the handle 104, and thereby minimize deformation due to bending moments about the opening 22, the portion of the wall 108 which extends from the upper surface 44/92 of the cap 40 may be a solid structure while the portion of the wall 108 which forms the cap wall 46 is hollow in order to position the cap about the bottle opening 22.

[053] Any of numerous means may provide an arrangement by which each rod member can be attached to a cap or stopper to permit a swinging motion by which the suspended masses 60 can strike the wall 11 of a bottle. According to a fifth embodiment 14c of the noise-making assembly, Figure 5 is a perspective view showing the interior surface 58 along the top 44/92 of a circular shaped cap 40/106. A second end 74' of a rod member 64 includes a T-shaped end, comprising a cross member 112 attached to the rod member. A pair of hangers 120 is affixed to the interior surface 58 of the circular shaped cap top 44/92 to receive opposing ends 112e of the cross member 1 12. By so positioning the cross member 112 to hang from a cap or a stopper, the rod member 64 may freely swing. Thus, when the assembly 14c is inserted within a bottle 12, the mass 60 can be swung to repeatedly strike the wall 11 of the bottle 12. Multiple rod members having T-shaped second ends (e.g., each having a cross member 112) can be attached to one pair of hangers 120 or attached to separate pairs of hangers 120 so that a noise-making assembly comprises two or more masses 60.

[054] According to a sixth embodiment 14d of the noise-making assembly, the perspective view of Figure 6 illustrates the interior surface 58 along the top 44/92 of a circular shaped cap 40/106. The assembly includes a bifurcated rod member 64'. As for the second end 74' of the rod member 64 of the embodiment 14c, the rod member 64' of the assembly 14d includes a second end 74' having a T-shaped end, e.g., having a cross member 112 for attachment to a pair of hangers 120 affixed to the interior surface 58 of a circular shaped cap top 44/92 to receive opposing ends 1 12e of the cross member 1 12. In lieu of the first end 72, the bifurcated rod member 64' includes a first end 72' which branches into two rod member segments 124. A mass 60 is attached to an end 128 of each segment 124. With the embodiment of Figure 6 two or more masses may be attached to each rod member 64' for positioning in the bottle 12. This

arrangement permits options of forming a noise-making assembly with a single rod member while providing two masses 60, or forming a noise-making assembly with multiple rod members each comprising two or more masses 60.

[055] The rod members 64, 64' shown in Figures 1 - 6 have been illustrated schematically, without specific design details, in order to illustrate the rod members as functional components of a noise-making assembly with generality. However, it is to be understood that the illustrated rod members may comprise numerous additional features when incorporated in a variety of embodiments of noise-making assemblies according to the invention.

[056] Figures 7A and 7B are partial side views of embodiments of the rod members 64, 64' which are shown as two sided rod member 60-1 attachable to a cap or stopper along the second end 74. Figure 7A is a view taken along a major axis, A, of the rod member to illustrate a major side Si, having a relatively large width, WL. Figure 7B is a view also taken along the major axis, A, of the rod member with the member 64-1 having been rotated ninety degrees about the major axis, A, relative to the view of Figure 7A, to illustrate a minor side, S ₂ , having a relatively small width, Ws. The major sides Si of the rod member 64-1 are relatively wide to permit placement of text or logos or other information thereon. Figure 7C is a perspective view of an assembly illustrating two rod members 60-1 , each connected to a cap 40 and one of the masses 60 shown in Figures 1.

[057] Figure 7D illustrates a side view of a rod member 64-2 according to an alternate embodiment, taken along a major axis, A', of the rod member to illustrate a major side Si, having a relatively large width, WL along a central portion of the rod member and a relatively narrow width WN along other portions of the member 64-2. The major sides Si of the rod member 64-2 are relatively wide to permit placement of text or logos or other information thereon. With the member 64-1 rotated ninety degrees about the major axis, A', relative to the view of Figure 7D, the minor side, S ₂ , having a relatively small width, Ws is also illustrated in Figure 7B. Figure 7E is a perspective view of an assembly illustrating two rod members 64-2, each connected to a cap 40 and one of the masses 60 shown in Figures 1. Although the rod members 64-1 and 64-2 are shown to be formed of varied widths and thicknesses, it is to be understood that the rod members may be shaped to depict two dimensional or three dimensional images and may include relief surfaces. Generally, the rod members may incorporate branding or advertising information.

[058] In another series of example rod member designs, Figure 7F is an end view of a rod member 64-3 which extends through a central axis, A", of the rod member, showing that the member has three sides 62a, 62b, 62c, each suitable for lettering, branding, advertising, etc. Generally, the rod members may have three or more sides.

[059] The masses 60 shown in the Figures have been illustrated schematically, without specific design details, to generally illustrate components of a noise-making assembly. The masses 60 may be solid or hollow spherical shapes which may swing in a repetitive pattern by which the masses strike the wall of a bottle to generate an impulsive sound. In other

embodiments, the masses 60 may be of a common geometric shape. Figure 8A illustrates a pair of masses 60 each having a three dimensional cube shape while Figure 8B illustrates a pair of masses 60 each having a ring-like shape. Figure 8C illustrates a pair of masses 60 each having an oblong or elliptical shape. Generally, the masses 60 may have any shape, e.g., a spherical shape. The masses 60 may also be three dimensional reproductions of symbols (e.g., mascots or sporting equipment), characters, trademarks, trade dress, company logos, or commercial products. See, for example, Figure 8D which illustrates the masses formed as replicas of soccer balls or footballs and Figure 8E which illustrates the masses 60 in the shapes of stars. The masses 60 may also be formed as two or three dimensional replicas of commercial products such as canned or bottled drinks or other symbols. See Figures 8F and 8G.

[060] According to embodiments of the invention the rod members 64 may range in stiffness, from being relatively stiff members, that do not easily bend under the inertial forces generated when the masses swing, to being relatively flexible members similar to cord or filament.

However, if the rod members are too flexible (e.g., like string) the masses 60 may undergo motion different from swinging about a hinge point (e.g., the attachment point of the rod member) and may travel toward the cap when the bottle is inverted. String may be a less desirable means of suspending the masses 60, especially when two or more masses are suspended from the cap by separate means, because multiple strings may become intertwined. The rod members may be formed of a variety of common materials, including plastic, metal and wood, and may have a variety of shapes or profiles (e.g., flat, round, triangular).

[061] The noise-making assembly has been described in conjunction with a bottle having an opening 22 at the first end 26 near where the neck region 18 terminates and the bottle may include a closed end 24 bounding the container portion 16 or an open end 24'. The noise-making assembly may include the container, but it is not limited to use in containers. More generally, the exemplary bottle 12 is a form of a tube having a closeable first end 26 and an open, closed or closeable second end 24. According to other embodiments of the invention, noise-making assemblies according to the invention may be positioned in tubes of varied shapes but generally having an opening at the first end 26 and, optionally, an opening at an opposing end thereof. As has been shown in Figures ID and IE, the assembly may be positioned in an open chamber resembling the bottle 12 wherein the chamber does not include a closed end 24 bounding the container portion.

[062] In one series of embodiments of the invention, once the noise-making apparatus is inserted into a tubular structure having two open ends, the combination may include a cap which closes one end and the other end may remain open. In another series of embodiments once the noise-making apparatus is inserted into a tubular structure having one open end, the combination may include a cap which closes the one open end, this resulting in a closed chamber in which the rod members and masses of the noise-making apparatus are enclosed. However, the first end does not have to be closed in order to practice the invention.

Manufacturing of an apparatus according to the invention can be had by a variety of methods and materials used in manufacture may be, but are not limited to rubbers, plastics, metals and hybrid component materials. Specific methods used to manufacture the assembly include, but are not limited to the following:

1. Injection molding (e.g., one step molding manufacturing process).

2. Extrusion molding (which may be used in volume production) for individual components or for a combination of components which have been described as discrete from one another.

If the manufacture involves assembly of discrete components, the assembly process may include separate molding of two or more parts which are assembled together by, for example, one or more of the following processes: ultrasonic or sonic welding; solvent or chemical welding, hot gas welding, heat sealing, freehand welding, speed tip welding, extrusion welding, contact welding, hot plate welding, high frequency welding, injection welding, friction welding, spin welding, laser welding, or plastic welding.

While several embodiments of the present invention have been shown and described herein, such embodiments are provided by way of example only. Numerous variations, changes and substitutions may be made without departing from the invention herein. Accordingly, it is intended that the invention be limited only by the spirit and scope of the appended claims.