PRIORITY BASED ON RELATED APPLICATION

[001] This application claims priority to United States Provisional Patent Application 62/061,314, filed 8 October, 2014. This application is a continuation in part of U.S. Application No. 14/018,565 filed September 5, 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 to 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. The tube structure includes a wall which extends from the first end to the second end. The apparatus includes at least a first rod member having first and second opposing ends. The apparatus includes at least a first mass which is attached to the second end of the rod member and a support member pivotally attached to the first end of the rod member, sized and shaped for attachment about the opening. When the second rod member end and the mass are positioned within the tube, the support member is positioned in or about the opening, and the rod member and the mass are pivotally positioned and supported by the support member. The mass can be swung from the support member within the tube, between opposing first and second portions of the wall and about a pivot point located between the support member and the rod, this causing the mass to collide with the wall of the tube structure. [005] According to another embodiment, an apparatus is provided for use with a hand-held tube structure, of the type used to contain and dispense liquid (e.g., a bottle) with a wall having a length extending a first distance along a first axis, between first and second opposing ends. The wall has a variable width along a second axis transverse to the first axis. The length of the structure is elongate with respect to a maximum width. When the tube structure occupies an erect orientation: the first end is directly over the second end, and a first portion of the wall defines a relatively narrow, low volume neck region positioned above a second portion of the wall. This defines a relatively wide, higher volume container region relative to the neck region. The neck region includes an opening for dispensing liquid from the container region. The apparatus includes at least a first rod member having first and second opposing ends; a first mass attached to the first end of the rod member; and a support member pivotally attached to the second end of the rod member. The support member is sized and shaped for attachment about the tube opening so that, when the first rod member end and the mass are positioned within the container region of the tube structure, the support member is positioned in or about the opening, and the rod member and the mass are pivotally positioned and supported by the support member so that the mass can be swung (i) from the support member within the container region and (ii) through the first axis to strike opposing parts of the wall. The rod member is of sufficient stiffness that, when the first mass swings from the rod, the rod stiffness prevents the first mass from travelling from the container region into the neck region.

BRIEF DESCRIPTION OF THE DRAWINGS

[006] 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:

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

[008] Figure 1A is a perspective view of the assembly prior to insertion in a beverage container, comprising a cap portion, rod members and masses,

[009] 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

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

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

[012] Figure ID is a perspective view of the assembly prior to insertion in a beverage container, and [013] Figure IE is a perspective view of the assembly positioned in the beverage container;

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

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

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

[017] Figure 3B providing a view from above of the stopper,

[018] Figure 3C providing a sectional view of the stopper along line 3C - 3C of Figure 3B, and

[019] Figure 3D providing an elevation view of the assembly positioned in a beverage container;

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

[021] Figure 4A providing a perspective view of the assembly incorporating a handle in addition to a threaded cap, and

[022] Figure 4B providing a perspective view of the assembly shown in Figure 4A positioned in a beverage container;

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

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

[025] Figures 7A - 7E illustrate an assembly for a noise maker according to another embodiment of the invention where:

[026] Figure 7A is an elevation view illustrating a major side of a rod member;

[027] Figure 7B is an elevation view illustrating a minor side of the rod member shown in Figure 7A;

[028] Figure 7C is another elevation view of the assembly, illustrating attachment of a support member to a rod member;

[029] Figure 7D is a perspective view of the assembly extending within a tube; and

[030] Figure 7E is a perspective view of the assembly secured to the tube shown in figure 7D to provide a noise maker;

[031] Figure 7F is a view of an assembly according to still another embodiment of the invention; and [032] Figure 7G is a view of the assembly shown in Figure 7F secured to a tube and extending within the tube for use as a noise maker; [033] Figures 8A and 8B are elevation views of a rod member in an assembly for a noise maker according to another embodiment of the invention, where:

[034] Figure 8A illustrates a major side of the rod member attached to a support member; and

[035] Figure 8B is a view illustrates a minor side of the rod member attached to the support member;

[036] Figure 8C is a perspective view of the assembly shown in Figure 8A extending into a tube for use as a noise making apparatus; and

[037] Figure 8D is a view in cross section taken through a rod member, illustrating the assembly shown in Figure 8A installed in a bottle with a support disk positioned between a neck of the bottle and a screw- on cap.

[038] Figures 9A - 9D illustrate an assembly for a noise maker according to still another embodiment of the invention, where:

[039] Figure 9A is an elevation view of the assembly positioned for insertion in a bottle;

[040] Figure 9B illustrates the assembly inserted within the bottle with a support member positioned about a bottle opening;

[041] Figure 9C illustrates the assembly positioned to receive a cover piece over the support member; and

[042] Figure 9D illustrates the assembly positioned within the tube with the cover piece securing the support member about the tube opening for use as a noise maker;

[043] Figures 10A - 10D illustrate features of a noise-making assembly according to still another embodiment with:

[044] Figure 10A illustrating a bottom perspective view of a hanger comprising a slotted plate and a bracket which receive and support a hanger ball;

[045] Figure 10B illustrating an elevation view of a rod member having a hanger ball attached to one end for assembly with the hanger of Figure 10A;

[046] Figure IOC is an elevation view in cross section taken along the rod member shown in Figure 10B, illustrating the hanger of Figure 10A supporting the rod member with the rod member positioned in a tube; and

[047] Figure 10D is an elevation view in cross section similar to the view of Figure IOC and illustrating capture of the hanger between a cover piece and the mouth of the tube.

[048] Figures 11 A and 1 IB are partial side views of a two sided rod member according to another embodiment of the invention, where

[049] Figure 11 A is a view illustrating a major side of the rod member,

[050] Figure 1 IB is a view illustrating a minor side of the rod member, and [051] Figure 11C is an elevation view of an assembly illustrating differing sides of two rod members, each connected to a cap and one of the masses shown in Figures 1 ;

[052] Figure 1 ID 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; and

[053] Figure 1 IE 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

[054] Figures 12A through 12G illustrate a variety of shapes suitable for the masses shown in Figures 1 - 10.

[055] Features of the described embodiments are not necessarily drawn to scale in the figures The figures 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

[056] 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.

[057] 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.

[058] 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. Embodiments of the invention are hand-held structures which include bottles and other tube- shaped constructs. The volume subtended by such structures may be less than a half liter but can range up to two or more liters.

[059] 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.

[060] With reference to Figures 1A through 1C, there is shown a noise maker according to the invention, comprising a consumer beverage bottle 12 and a noise-making assembly 14 insertable within the bottle 12. The bottle 12 and, more generally a tube structure, 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.

[061] 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.

[062] For the bottle 12 as shown in Figures 1, 3, 4 and 7 - 10 occupying an erect position, the neck region is above the container portion, and the wall 11 has a length, L, extending a first distance along a first axis, A _l5 between the first and second opposing bottle ends 24, 26, and a variable width, W, along a second axis, A ₂ , transverse to the first axis A^ The bottle length, L, being elongate with respect to a maximum tube width, W.

[063] 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.

[064] As shown in Figure 1A, 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 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.

[065] 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.

[066] 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.

[067] 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.

[068] 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.

[069] 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 1A 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.

[070] 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.

[071] The noise-making assembly 14' ' is similar to the embodiment of Figures ID except that the assembly 14" is a complete noise maker in that it includes a bottle 12' The bottle 12' , in lieu 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.

[072] 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.

[073] Figures 3A 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, two masses 60, each attached to a rod member 64, are suspended from a cap in the form of a stopper 90. As shown in the figures, the two illustrated rod members are of different lengths so that one rod member extends closer to the second end than does the other rod member. Also 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.

[074] 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 98j (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 100a or 100b of the stopper along a pre -cut pattern 98j 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 stopper 90 as shown 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.

[075] 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.

[076] 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.

[077] 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).

[078] 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.

[079] 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 of the invention, Figure 5 is a perspective view of a noise- making assembly 14c, 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 112. 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.

[080] 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 112e of the cross member 112. 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.

[081] 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.

[082] Figures 7 A - 7D illustrate features of a noise-making assembly 14e according to a seventh embodiment of the invention. The assembly 14e works cooperatively with a tube 12 and a threaded cap 40, although a tube 12' which, in place of having the single closed end 24, has two open ends, may be utilized, and a cap may be employed which is attached to the tube by means other than threads. The assembly 14e comprises one or more masses 60 and rod members 64, as disclosed in other embodiments, but with a different arrangement for attachment of the rod members 64 to the tube 12. The masses 60 and rod members 64 are suspended from a support member 214 in the form of a string 218 coupled to the first end 72 of the rod member 64. As used herein, the term string means any in the full variety of filaments, including wire, vinyl constructs, synthetic or natural fibers, threads or yarns

[083] The rod first end 72 comprises a ring 242 to which the string 218 is engaged to effect attachment of the support member to the rod 64. Although not shown in the figures, the string 218 may be tied about the ring 242, e.g., with a knot. The string 218 may be a woven member, a single plastic filament, multiple plastic filaments, a number of fiber-like filaments (e.g., a thread or a cord) or any of a variety of other elongate members which can be tied to the ring, e.g., looped around the ring, by well-known means. In addition, as shown in Figures 7A through 7E, the rod member 64 may further comprise a media member 220 along the rod. The term media member as used herein refers to any component of an embodiment of the invention (e.g., of arbitrary size and shape) having an exposed surface of sufficient size for placement of lettering or other symbols such as a mascot for viewing by a user or observer of the noise assembly. By way of example but without limitation, a bottle or tube 12, a cap 40 or other cover piece, a rod member 64 and a mass 60 may each be a media member. A media member may also be a portion of or an appendage to one of the foregoing. For the several embodiments having a rod member extending along a first major axis, A _{l 5} the media member may extend along a second major axis, A ₂ , which may be perpendicular to the first major axis. The media member may extend through the axis A^

[084] In this example, the media member 220 is shown interposed between the ring 242 and other portions of the rod member 64 near the rod second end 74 to provide additional surface area for placement of an image, a shape (e.g., a mascot), lettering or one or more symbols. With the first end 72 of the rod member 64 and the mass 60 positioned within the tube 12, the string 218 extends out of the tube 12, along the exterior surface 32 of the tube wall 11 at the first end 26 of the bottle 12, and crosses over the screw-on threads 28. The string 218 is captured as the cap 40 is threaded on to or about the bottle opening 22.

[085] As described for embodiments comprising the fixation points 80a, 80b shown in Figure IB, by continuously swinging the tube 12 about the string 218 or the ring 242, the rod members 64 of the assembly 14e can undergo pivotal movement about the string 218 or the ring 242, e.g., about one or multiple fixation points. This movement causes the masses 60 to swing and repeatedly strike the wall 11 and generate a series of impulsive sounds.

[086] Figures 7E and 7F illustrate features of a noise-making assembly 14f according to an eighth embodiment of the invention. The assembly 14f works cooperatively with a tube 12 and a threaded cap 40, although a tube 12' which, in place of having the single closed end 24, has two open ends, may be utilized, and a cap may be employed which is attached to the tube by means other than threads. The assembly 14f also comprises one or more masses 60 and rod members 64, as disclosed for other embodiments, but with a different arrangement for attachment of the rods 64 to the support member string 218. Like the assembly 14e of Figures 7A - 7D, the masses 60 and rod members 64 of the assembly 14f are suspended from a string 218 coupled to the second end 74 of the rod member 64, but the string 218 is threaded through an aperture 224 formed in the second rod end 74 to effect attachment of the string to the rod member 64. With the first end72 of the rod member 64 and the mass 60 are positioned within the tube 12, the string 218 extends out of the tube 12, along the exterior surface 32 of the tube wall 11. The string 218 is captured as the cap 40 is threaded on to or about the bottle opening 22 to serve as a support member from which masses 60 and rod members 64 are suspended within the tube 12.

[087] As described for the assembly 14e, by continuously swinging the tube 12, the rod members 64 of the assembly 14f can undergo pivotal movement about the string 218 or about multiple fixation points. This movement causes the masses 60 to swing and repeatedly strike the wall 11 and to thereby generate a series of impulsive sounds. In the assembly 14f, the rod member 64 may include a media member 220 (not shown) to provide additional surface area for placement of an image, a shape (e.g., a mascot), lettering or one or more symbols.

[088] Figures 8A - 8D illustrate features of a noise-making assembly 14g according to a ninth embodiment of the invention. The assembly 14g works cooperatively with a tube 12 and a threaded cap 40 although a tube 12' which, in place of having the single closed end 24, has two open ends, may be utilized, and the cap 40 may be attached to the tube by means other than threads. Although a single mass 60 and a single rod member 64 are illustrated in the figures, the assembly 14g may comprise multiple masses 60 and rod members 64, as disclosed in other embodiments but with still another different arrangement for attachment of the rods 64 to the tube 12. While the support member 214 in the embodiments of Figures 7 is a string, the support member 214 of the assembly 14g is a plate or disk-like shape, in the exemplary form of a circular disk 226, from which the masses 60 and rod members 64 are suspended. As shown in Figures 8, the disk 226 may be coupled to the second end 74 of the rod member 64 such that when the first end 72 of the rod member 64 and the mass 60 are positioned within the tube 12 the disk 226 can be attached about the tube opening 22 for capture between the neck region 18 of the tube 12 and a cover piece 222 (e.g., the threaded cap 40) when the cover piece is secured about the opening 22.

[089] As illustrated for one rod member 64 in Figures 8A - 8C, in designs incorporating multiple rod members, each of the rod ends 74 is connected to the disk 226 at a fixation point 80 along a surface of the disk 226 which comes into contact with the neck region 18 about the opening 22. Connection of the rod ends 74 to the disk 226 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, injection molding, sonic welding, and use of a wide variety of fasteners and fastening or locking techniques, e.g., pop-in ball joints, to provide a pivot point. With one or more masses 60 attached to each second end 74 of a rod member 64, and one or more rod members 64 attached to the disk 226, the masses 60 can be suspended from the same fixation point 80 or from a series of fixation points on the disk 226 (e.g., under the force of gravity), and the combination of masses 60 and rod members 64 can swing to provide pivotal movement about one of the fixation points 80, so that the masses 60 swing to repeatedly strike the wall 11. [090] With the disk 226 placed about the tube opening 22 and fixed in place between the neck region 18 of the tube 12 and a threaded cap 40 secured about the opening 22 (see Figure 8E), by continuously swinging the tube 12, the rod member 64 undergoes pivotal movement about the one or more fixation points 80. This movement causes the masses 60 to swing and repeatedly strike the wall 11 and thereby generate a series of impulsive sounds.

[091] Figures 9 A - 9D illustrate the features of a noise-making assembly 14h and assembly of a noise maker according to a tenth embodiment of the invention. One or more masses 60 and rod members 64 are suspended from a support member 214 comprising a sheet of flexible material 236 coupled to the second end 74 of the rod member 64. When the first end 72 of each rod member 64 and each associated mass 60 are positioned within the tube 12, the sheet of flexible material 236 can be positioned about the tube opening 22 for attachment, e.g., by capture between the portion of tube wall 11 along the opening 22 and a cover piece 222 placed about the opening 22. The illustrated cover piece is a cap 40 having threads which matingly engage with the bottle threads 28. The sheet of flexible material 236 comprises (i) a relatively thick central portion 238 coupled to the second end 74 of the rod member 64 to provide a fixation point 80, and (ii) a relatively thin portion 240 extending outward from the central portion 238. The thin portion 240 extends, e.g., drapes, over the tube opening 22 and along the bottle threads for capture between the outside tube wall 11 and the cover piece 222, e.g., when threads of the cap 40 are matingly engaged with the bottle threads 28.

[092] In like manner to that described for the fixation point 80 shown for the embodiment illustrated in Figures 8, by continuously swinging the tube 12, the rod member 64 of the assembly 14h can undergo pivotal movement about the fixation point 80 shown in Figures 9. This movement causes each mass 60 to swing and repeatedly strike the wall 11 and thereby generate a series of impulsive sounds.

[093] Figures 10A - 10D illustrate features of a noise-making assembly 14i according to an eleventh embodiment of the invention. The embodiment includes one or more masses 60 and one or more rod members 64. The second end 74 of each rod member 64 includes a hanger ball 250 that can be suspended from a support member in the form of a hanger 254. The hanger ball may be a section of a round body, e.g., a hemispherical shape, with the hanger comprising a plate 256 and a bracket 258. In one embodiment the hanger plate and bracket are formed as one body in a plastic molding process. When installed, upper and lower surfaces 256u, 2561 of the hanger plate 256 are positioned over the opening 22 of the bottle 12, with plate lower surface 2561 against a portion 1 lm of the tube wall 11 which forms the mouth of the opening 22; and the bracket 258 extends below the plate 256 within the neck region 18 of the bottle 12.

[094] An upper surface of the bracket 258 includes a recess 260 relative to the upper surface 256u of the plate. The recess 260 includes a spherical-like shape which extends below the plate 256. The spherical-like shape of the recess is complementary to the shape of the hanger ball 250, and is suited to matingly receive the hanger ball 250. Positioning of the ball 250 within the recess 260 permits pivotal support and movement of the rod member 64 as the rod member is swung about the bracket 258. To effect this installation the plate includes a slot 262 of sufficient width to permit insertion of the second end 74 of the rod member into the hanger 254 so that the hanger ball 250 can be dropped into the recess 260.

[095] With a rod member supported from the hanger 254 via the hanger ball 250, when the second end 74 of the rod member 64 and each associated mass 60 are positioned within the tube 12, the hanger 254 is positioned about the tube opening 22 for attachment, e.g., by capture between the tube wall portion 11m which forms the mouth of the opening 22 and a cover piece 222 placed about the opening 22. See Figure 10D. The illustrated cover piece is a threaded cap 40 having threads 48 which matingly engage with the bottle threads 28.

[096] In like manner to that described for the fixation point 80 shown for the embodiments illustrated in Figures 8 and 9, by continuously swinging the tube 12, each rod member 64 can undergo pivotal movement about the pivot point 80' shown in Figures 10D. Movement about the pivot point 80' is similar to movement about the fixation point 80. As the rod member is moved in response to movement of the tube or bottle 12/12' , such as schematically shown in Figure 2, the hanger ball pivots within the recess 260 so that the rod member swings through the point 80' . This movement causes each mass 60 to swing and repeatedly strike the wall 11 and thereby generate a series of impulsive sounds.

[097] Figures 11 A and 1 IB are partial side views of portions of the rod members 64, 64' which are each attachable to a cap or stopper along the second end 74. Figure 11 A is a partial view taken along a major axis, A, of the rod member to illustrate one of two opposing major sides Si, having a relatively large width, W _L - Figure 1 IB is a view also taken along the major axis, A, with the rod members 64, 64' having been rotated ninety degrees about the major axis, A, relative to the view of Figure 11 A, to illustrate one of two opposing minor sides, S ₂ , having a relatively small width, W _s . The major sides Si are relatively wide to permit placement of text or logos or other information thereon. Figure 11C is a perspective view of an assembly illustrating two such rod members 60-1, each connected to a cap 40, and each corresponding to one of the rod members 64 and one of the masses 60 shown schematically in Figures 1, 2 and 3. The view of Figure 11C illustrates side Si of one rod member and side S ₂ of the other rod member.

[098] Figure 1 ID illustrates another side view of the rod member 64-1, again taken along a major axis, A, to further illustrate one of the major sides Si, 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 member. The width, W _L of the major sides Si of the rod member 64-2 are relatively wide to permit placement of text or logos or other information thereon. [099] In another series of example rod member designs, Figure 1 IE is an end view of a rod member 64- 2 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.

[100] 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 12A illustrates a pair of masses 60 each having a three dimensional cube shape while Figure 12B illustrates a pair of masses 60 each having a ring-like shape. Figure 12D 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 12D which illustrates the masses formed as replicas of soccer balls or footballs and Figure 12E 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 12F, 12G and 12H.

[101] 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). In illustrated embodiments the rod members are of sufficient stiffness that, when a mass attached to a rod swings from the rod, the rod stiffness prevents the mass from travelling from the container region into the neck region and from reaching the opening 22.

[102] 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.

[103] 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.

[104] 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.

[105] 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.

[106] 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.