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Title:
UNSTABLE PLATFORM
Document Type and Number:
WIPO Patent Application WO/2013/028677
Kind Code:
A1
Abstract:
A platform comprising a planar member having a top face and a bottom face and at least one pivoting member approximately in the center of said top face or bottom face, such that when a pivoting member is placed on a surface a distance depending on the shape of the pivoting member is created between the planar member and the surface and the platform is unstable. Thus the unstable platform encourages a user to expend energy, and is quickly height adjustable by choosing which pivoting member is placed on the surface.

Inventors:
WINEGAR THOMAS W (US)
Application Number:
PCT/US2012/051698
Publication Date:
February 28, 2013
Filing Date:
August 21, 2012
Export Citation:
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Assignee:
TD INNOVATIONS LLC (US)
WINEGAR THOMAS W (US)
International Classes:
A63B22/16; A63B23/04
Foreign References:
JP2001009064A2001-01-16
EP0464280A11992-01-08
DE202004011069U12004-11-18
CN201291024Y2009-08-19
RU2255784C12005-07-10
DE202004007121U12004-08-19
US20060270536A12006-11-30
Attorney, Agent or Firm:
GEARHART, Richard (41 River RoadSummit, NJ, US)
Download PDF:
Claims:
CLAIMS

I claim: 1. An unstable platform comprising:

a substantially planar member having a first face and a second face; a first pivoting member being attached on the first face, said first pivoting member having a first summit point; a second pivoting member being attached on the second face, said second pivoting member having a second summit point; wherein a distance between the first face and the first summit point is different than a distance between the second face and the second summit point, whereby a user can choose a different level of movement of the planar member by setting the first summit point against a surface or setting the second summit point against the surface; and wherein said first and said second faces are sized to accept a user's feet, hands or other body parts, whereby the platform can be manipulated or rocked in at least one of the directions selected from side to side and forward and backward.

2. The unstable platform of claim 1, wherein the first and the second pivoting members have a shape selected from the group consisting of a hemisphere, a disk, a vertical tube, and a tubular half circle.

3. The unstable platform of claim 1, wherein the substantially planar member is square, rectangular, oval, or round.

4. The unstable platform of claim 1, wherein the substantially planar member or the pivoting members or both have an anti-slip member.

5. The unstable platform of claim 4, wherein the anti-slip member is a material or construction with a high coefficient of friction.

6. The unstable platform of claim 1, wherein the platform has at least one distal portion having a bumper member to prevent the distal portion contacting the surface. 7. The platform of claim 6, wherein said bumper member has a lower durometer than said distal portion.

8. The platform of claim 1, wherein a separate construction or accessory is provided to act as an an ti- slip member or bumper member or both.

9. The platform of claim 8, wherein the separate construction or accessory comprises a pad member.

10. The platform of claim 1, wherein the platform further comprises at least one cavity.

11. The platform of claim 10, wherein the at least one cavity is of a size to accept user's four fingers.

12. The platform of claim 10, wherein the at least one cavity locates in the substantially planar member, or in the first or the second pivoting member.

13 . The unstable platform of claim 1, wherein the distance between the first summit point and the first face is about 1 to 4 inches, and the distance between the second summit point and the second face is about 2 to 8 inches.

14. The unstable platform of claim 3, wherein the planar member is approximately 10-24 inches by 2-16 inches.

15. An unstable platform comprising:

a substantially planar member having a first face and a second face; a first pivoting member being attached on the first face and having an elongated convex surface with an axis that may be in a curvature, and the elongated convex surface having smallest convexity at both ends of the axis and highest convexity at a desired point along the axis; a second pivoting member being attached on the second face and having an elongated convex surface with an axis that may be in any reasonable curvature, and the elongated convex surface having smallest convexity at both ends of the axis and highest convexity at a desired point along the axis; and the highest convexity of the second pivoting member being different from the highest convexity of the first pivoting member, whereby the first and the second pivoting members provide a different level of movement to the planar member when set against the surface; wherein said first and said second faces are sized to accept a user's feet, hands, or other body parts, whereby the platform can be manipulated or rocked in at least one of the directions selected from side to side and forward and backward.

16. The platform of claim 15, wherein the first or the second pivoting member or both have a rectangular or oblong cross section.

17. The platform of claim 15, wherein the first or the second pivoting member is an elongated shape with a rounded head.

18. An unstable platform comprising:

a substantially planar member having two long edges, two short edges, a first face, a second face and two distal portions; a first hemispherical or half-disk pivoting member being attached at about the center of the first face; a second hemispherical or half-disk pivoting member being attached at about the center of the second face; two distal portions locating on the first face between the short edges and the first pivoting member and two distal portion locating on the second face between the short edges and the second pivoting member; wherein said distal portions are sized to accept a user's feet, hands, or other body parts with one body part on either side of the first or the second pivoting member, whereby the platform can be manipulated or rocked in at least one of the directions selected from side to side and forward and backward. 19. The platform of claim 18, wherein said platform has bumper members around the distal portions.

20. The platform of claim 19, wherein said substantially planar member or said pivoting members have anti-slip members.

Description:
UNSTABLE PLATFORM

PRIORITY

This application claims priority of the U.S. provisional application number 61/525,872 filed on August 22 nd 2011 and US utility application numberl3/589,654 filed on August 20 th 2012 the contents of both of which are fully incorporated herein by reference.

FIELD OF THE INVENTION

The present invention relates to an unstable platform that requires energy input from a user to either rock the platform or to keep the platform parallel to a surface.

BACKGROUND OF THE INVENTION

Unstable platforms such as wobble boards and rocker boards are well known in the art. They generally consist of a platform with a pivoting mechanism underneath. A user is expected to stand on the platform and attempt to keep his or her balance. The pivoting mechanisms generally consist of either a hemispherical protrusion, in the case of a wobble board, or a cylindrical roller in the case of a rocker board.

Lu disclosed a representative wobble board in U.S. Pat. No. 7,264,580 B2. A representative rocker board is disclosed by Wischusen in U.S. Pat. No. 7,134,990.

Previous advances centered on making the pivoting mechanism adjustable by using replacement mechanisms to increase or decrease the level of the motion, for example by attaching parts with varying convexity on the rocking or wobbling protrusions. Usually the attachment methods of these replacement parts are complicated and the user would need tools for adjusting the pivoting mechanism. A disadvantage of the wobble boards and rocker boards is their fairly large size. Moreover these devices require a user to stand up. Unstable platforms can also be used during rehabilitation to increase proprioception. A user sits with one or both feet on the platform, and the unstable nature of the platform helps to stretch and improve the degree of flexure of the ankle. Such a platform is disclosed by Smith IV in U.S. Pat. No. 5,197,932. Proprioception boards tend to be fairly small; however they only activate small muscles around the ankle and calf. They also generally only move forwards and backwards, and not side to side.

A third class of unstable platforms is rocking footrests, such as the Fellowes Compact Foot Rocker. These are generally small enough to fit under a desk and rock in order to increase blood flow to the lower body while seated. As with proprioception boards, current rocking footrest designs only move forward and back, and not side to side. These rocking footrests activate the same muscles as the proprioception boards, namely, the small muscles around the ankle and calf.

The concept of Non-exercise Activity Thermogenesis (NEAT), as described by J. A. Levine (Levine, J.A. 2004. Non-exercise Activity Thermogenesis (NEAT): Environment and Biology. Am J. Physiol. Endocrinol. Metab. 286: E675-E685) shows significant health advantages to users that can burn calories throughout the day. As many people spend a significant amount of time sitting at a desk, the ability to burn calories at a desk is appealing. One such method is to use a rolling footrest such as WEBBLEâ„¢ by BriteObjects. However, the rolling motion may require significant space under a desk to be effective, and may distract the user from his/her work. A rocking footrest with increased freedom of motion could also be useful in schools. Some students have limited abilities to concentrate, and it is believed that a moving footrest can be an outlet for excess energy. Desks with moving footrests, such as the AlphaBetter Desk by Satco, are known in the art. However they would require schools to replace currently installed capital (desks) at relatively high costs. A rocking footrest with increased freedom of motion that is independent of and fits underneath the currently installed desk overcomes this disadvantage.

Most wobble boards and rocker boards are not sized to fit under a desk. In addition, since the user is likely sitting rather than standing, the force applied to the platform would not be perpendicular to the floor, and is likely to cause the board to move with respect to the user. In addition, if the edges of the board contact the floor, the resulting noise would be unsuitable for the environment in which the desk is found, such as a school or workplace. Also, current methods to adjust the pivot mechanisms are time consuming and/or require the storage of multiple accessories. The present invention overcomes all of these disadvantages while also improving the freedom of motion as compared to current rocking footrests and proprioception boards.

Accordingly, there is a need for a device that overcomes the disadvantages of the existing technology. The footrest comprised of an unstable platform as disclosed herein overcomes the deficiencies of known art. A rocking footrest of this invention is capable of rocking side to side in addition to forward and backward. The increased freedom of motion also burns more calories because it activates larger muscles of the thigh rather than the smaller muscles used by proprioception boards. Therefore, the current invention represents a significant improvement over prior art.

SUMMARY OF THE INVENTION

It is an object of this invention to provide an unstable platform suitable to be used as a rocking footrest, an exercise devise, rehabilitation device or a moving footrest. It is a further object of this invention to provide a platform suitable of size to fit and be used under a desk.

Another object of this invention is to provide a platform that enables exercise of muscles, including larger thigh muscles while seated.

Yet another object of this invention is to provide a platform having improved freedom of motion.

A further object of this invention is to provide a platform that allows the user to choose between at least two different movement ranges without a need for any accessories or tools.

Still another object of this invention is to provide a quietly operating platform.

In accordance with a preferred embodiment of the present invention there is provided an unstable platform comprising a substantially planar member having a first face and a second face; a first pivoting member being attached on the first face, said first pivoting member having a first summit point; a second pivoting member being attached on the second face, said second pivoting member having a second summit point; wherein a distance between the first face and the first summit point is different than a distance between the second face and the second summit point, whereby a user can choose a different level of movement of the planar member by setting the first summit point against the surface or setting the second summit point against the surface; and wherein said first and said second faces are sized to accept a user' s feet, hands or other body parts, whereby the platform can be manipulated or rocked in at least one of the directions selected from side to side and forward and backward.

According to a preferred embodiment of the present invention the user chooses the height of the platform and the level of its movement by setting one of the pivoting members against the surface. The user is then seated with the platform in front of him or her, and the user's feet are on the upper face of the platform on both sides of the pivoting member that is not against the surface. Other embodiments include the user standing, or having the user's hands or other parts of the body on the platform. Other embodiments include the user's feet, hands, or other parts of the body on the upper face of the platform on one side of the pivoting member that is not against the surface. From the seated position, the force that the user supplies to the platform may not be perpendicular to the surface. At least a portion of this force will encourage the platform to move with respect to the surface and the user, rather than just cause a rocking motion. Therefore a preferred embodiment of the present invention includes an anti-slip member between a pivoting member and the surface to restrict unwanted translational motion between the pivoting member and the surface.

Preferred embodiments of this invention are illustrated in the accompanying drawings and will be described in more detail herein below.

BRIEF DESCRIPTION OF THE DRAWINGS FIG. 1 is a perspective view of the platform according to one preferred embodiment. FIG. 2A is a side view of the platform of FIG. 1. FIG. 2B is a front view of FIG. 1.

FIG. 3 is a perspective view of the platform according to another preferred embodiment. Fig. 4A is a front view of the platform of FIG. 3. Fig. 4B is a side view of the platform of FIG. 3.

FIG. 5 is a perspective view of the platform according to another preferred embodiment. FIG. 6 A is a front view of the platform of FIG. 5.

FIG 6B is a side view of the platform of FIG. 5. FIG. 7 is a front view of the platform according to another preferred embodiment.

FIG. 8 is a front view of a platform in accordance with the present invention including bumper and anti-slip members.

FIG. 9 is a top view of a platform in accordance with the present invention including different bumper and an ti- slip members. FIG. 10 is a top view of a platform in accordance with the present invention including a different configuration of the anti-slip member.

FIG. 11 is a front view of a platform in accordance with the present invention including a combined bumper and anti-slip member.

FIG. 12 is a perspective view of the platform according to another preferred embodiment. Fig. 13 A is a front view of FIG. 12. Fig. 13 B is a side view of the FIG. 12.

Fig. 14A is a side view of another embodiment.

Fig. 14 B is a front view of the embodiment shown from side in Fig. 14 A.

DETAILED DESCRIPTION OF THE INVENTION

The preferred embodiments of the present invention will now be described with reference to FIGS. 1-14 of the drawings. Identical elements in the various figures are identified with the same reference numerals. Referring now to the drawings and initially to Figs. 1, 2A and 2B, a preferred embodiment of the unstable platform 10 comprises a planar member 20 having two long edges 21, two short edges 22, a first face 23, and a second face 24; a first pivoting member 30, a second pivoting member 40; and at least two flat distal portions 25. According to this preferred embodiment the first pivoting member 30 is attached on the first face 23 and has an elongated convex surface with an axis that may be in a curvature, said axis preferably being parallel to the short edges 22 of the planar member 20. According to this embodiment the elongated convex surface has a smaller convexity at both ends of the axis and highest convexity at a selected point along the axis. According to this preferred embodiment the second pivoting member 40 is attached to the second face 24 and has an elongated convex surface with an axis that may be in any reasonable curvature, said axis preferably being parallel to the short edges 22 of the planar member 20. The convexity of the second pivoting member 40 is preferably different from the convexity of the first pivoting member 30. The first pivoting member 30 has a first summit point 35 and the second pivoting member 30 has a second summit point 45. The first pivoting member 30 may locate at different distance from the short edges 22 of the planar member 20 than the second pivoting member 40, whereby each of the pivoting members provide a different level of movement when set against the surface 50. According to this embodiment the flat distal portions 25 are located between the elongated convex pivoting members 30 and 40 and the short edges 21 of the planar member on the first face and on the second face.

The user can choose the distance between the planar member 20 and the surface 50 and accordingly choose the level of the motion of the planar member 20, by setting the first pivoting member 30 against the surface 50 or setting the second pivoting member 40 against the surface 50. According to one preferred embodiment, the summit point of the first pivoting member 35 is 1 to 6 inches ( 2.54 to 15.24 cm) and the summit point of the second pivoting member 45 is 2 to 8 inches (5.08 to 20.32 cm), whereby the distance between the surface 50 and the planar member 20 created by placing the first pivoting member 30 against the surface 50 is between 1 and 6 inches( 2.54 to 15.24 cm), and by placing the second pivoting member 40 against the surface 50 the distance is between 2 and 8 inches (5.08 to 20.32 cm). According to this embodiment the user preferably is in sitting position and sets his/her feet on the both sides of one of the pivoting members 30 or 40 on the distal portions 25 and the unstable platform 10 is able to be manipulated or rocked both side to side and forward and backward.

Now referring to Figures 3, 4A and 4B, according to another preferred embodiment of the invention the first pivoting member 30 and/or the second pivoting member 40 has at least a roughly rectangular cross section. According to this embodiment the first and the second pivoting members 30, 40 have different cross sections and they have both smaller cross sections than the planar member 20, thereby leaving at least two flat distal portions 25 between the pivoting members 30 and 40, and the short edges 22, and/or the long edges 21. According to this preferred embodiment the first pivoting member 30 and the second pivoting member 40 have different convexities and/or different cross sections, or the distance between the first summit point 35 and the first face 23 is different than the distance between the second summit point 45 and the second face 24, thereby allowing the user to select the level of motion of the planar member 10 by choosing which of the two pivoting members (30, 40) is set against the surface 50. According to this embodiment the user preferably is in sitting position and sets his/her feet on the both sides of one of the pivoting members on the distal portions 25 and the unstable platform 10 is able to be manipulated or rocked both side to side and forward and backward.

Now referring to Figs 5, 6A and 6B, according to one preferred embodiment the unstable platform 10 comprises a planar member 20 having two long edges 21, two short edges 22, a first face 23, and a second face 24; a first pivoting member 30, a second pivoting member 40; at least two flat distal portions 25 and a cavity 90. According to this preferred embodiment the first pivoting member 30 is a hemisphere and it is preferably attached into about center of the first face 23. The second pivoting member 40 is a hemisphere and preferably attached to about center of the second face 24. The radius of the hemispherical first pivoting member 30 is different from the radius of the hemispherical second pivoting member 40. The user can choose the distance between the planar member 20 and the surface 50 and accordingly choose the level of the motion of the planar member 20 by setting the first hemispherical pivoting member 30 against the surface 50 or setting the second hemispherical pivoting member 40 against the surface 50. According to one preferred embodiment, the radius of the first hemispherical pivoting member 30 is 1 to 6 inches ( 2.54 to 15.24 cm) and the radius of the second pivoting member 40 is 2 to 8 (5.08 to 20.32 cm)inches, whereby the distance between the surface 50 and the planar member 20 created by placing the first pivoting member 30 against the surface 50 is approximately between 1 and 6 inches ( 2.54 to 15.24 cm), and by placing the second pivoting member 40 against the surface 50 the distance is between 2 and 8 inches (5.08 to 20.32 cm). According to this embodiment the user preferably is in sitting position and sets his/her feet on the both sides of one of the pivoting members on the distal portions 25 and the unstable platform 10 is able to be manipulated or rocked both side to side and forward and backward. Still referring to FIG. 5 the cavity 90 is shown in this embodiment through the first face 23 and the second face 24. Cavity 90 is of a size to accept at least one of a user's fingers or thumbs. Cavity 90 may act as a convenient handle for a user to carry or move unstable platform 10. In one embodiment, cavity 90 is of a size to accept four fingers of a user's hand. In one embodiment, cavity 90 passes through the first face 23 or the second face 24, but not both. In another embodiment, cavity 90 is formed not through either the first or the second face, but rather through another portion of the platform. In another embodiment, cavity 90 is formed by strap with at least one end attached to the platform. According to another embodiment, more than one cavity 90 is provided.

Now referring to FIG 7, according to one preferred embodiment the unstable platform 10 comprises a planar member 20 having two long edges 21, two short edges 22, a first face 23, and a second face 24; a first pivoting member 30, a second pivoting member 40; and at least two flat distal portions 25. According to this preferred embodiment the first pivoting member 30 is an elongated vertical tube with a rounded head 31 and it is preferably attached into about center of the first face 23. The second pivoting member 40 is an elongated vertical tube with a rounded head 41 and it is preferably attached to about center of the second face 24. The length of the elongated first pivoting member 30 is different from the length of the elongated second pivoting member 40. The user can choose the distance between the planar member 20 and the surface 50 and accordingly choose the level of the motion of the planar member 20, by setting the first elongated pivoting member 30 against the surface 50 or setting the second elongated pivoting member 40 against the surface 50. According to one preferred embodiment, the length of the first elongated pivoting member 30 is 1 to 6 inches( 2.54 to 15.24 cm) and the length of the second pivoting member 40 is 2 to 8 inches, whereby the distance between the surface and the planar member 20 created by placing the first pivoting member 30 against the surface 50 is between 1 and 6 inches ( 2.54 to 15.24 cm) , and by placing the second pivoting member 40 against the surface 50 the distance is between 2 and 8 inches (5.08 to 20.32 cm). According to this embodiment the user preferably is in sitting position and sets his/her feet on the both sides of one of the pivoting members on the distal portions 25 and the unstable platform 10 is able to be manipulated or rocked both side to side and forward and backward. According to further embodiments the distal portions are covered with material that prevents user's feet from slipping. According to further embodiments the distal portions are covered with anti- slip member 80 having features or construction that prevents slipping.

Still referring to FIG 7, according to one preferred embodiment the elongated pivoting members 30, 40 may be covered by anti-slip members 80 and the distal flat portions 25 may also be covered by bumper members 70.

Now referring to FIG 8, 9 and 10, according to one preferred embodiment one or more bumper members 70 are around the distal portions 25 of the planar member 20, so that if motion of the platform 10 would cause the distal portion 25 to strike the surface 50, the bumper members 70 will strike the surface 50 instead. The bumper members 70 are formed to cause less noise upon striking surface 50 than would be caused by distal portion 25 striking the surface 50. The bumper members 70 may also be formed to absorb shock and cause less jarring of the user upon striking surface 50 than would be caused by the distal portion 25 striking surface 50. Those knowledgeable in the art will recognize that suitable materials for the bumper members 70 would include but are not limited to natural rubber, latex free rubber, silicone, EPDM, Viton, foam, and other force absorbing materials. Those knowledgeable in the art will also recognize that suitable bumper members 70 could be formed by force absorbing shapes such as flexible walls or constructions such as springs or shock absorbers. Bumper members 70 may typically be added to the distal portions 25 via adhesives, press fits, mechanical fastening, or other assembly methods. Alternatively, bumper members 70 may be formed integrally with the distal portions 25 such as by insert molding, two-shot molding, selection of flexible geometry such as thin walls, or other formation methods. According to one preferred embodiment the bumper member has a lower durometer than the distal portions.

Referring now to Figs. 8, 9 and 10, anti-slip members 80 are shown in some embodiments between the first pivoting member 30 or the second pivoting member 40 and the surface 50. According to one preferred embodiment, the center of gravity of the user is not directly in line with the pivoting members 30, 40 and perpendicular to the surface 50. In use, energy imparted by the user to the unstable platform that is not perpendicular to surface 50 could cause unwanted translation of the unstable platform 10 with respect to the surface 50 and/or the user. For instance, if a user is sitting down with his or her feet on the unstable platform 10, unwanted translation may move the unstable platform 10 to a position that is uncomfortable or impossible for the user to maintain his or her feet on the unstable platform 10. Anti-slip members 80 are provided to reduce or eliminate the possibility of unwanted translation. Those knowledgeable in the art will recognize that suitable materials for the anti-slip members 80 include but are not limited to natural rubber, latex free rubber, silicone, EPDM, Viton, foam, and other materials or constructions that increase the effective coefficient of friction between the pivoting members 30, 40 and the surface 50. Anti-slip members 80 may typically be added to the pivoting members 30, 40 via adhesives, press fits, mechanical fastening, or other assembly methods. Alternatively, anti-slip members 80 may be formed integrally with pivoting members 30,40 such as by insert molding, two-shot molding, selection of high friction geometry, or other formation methods. FIG 10 shows anti-slip member 80 formed integrally with pivoting member 30 via the design of a texture on pivoting member 30.

FIG 11 shows a pad member 100 between the unstable platform 10 and the surface 50. The pad member 100 is capable of acting as at least one of a bumper member and an anti-slip member. According to one preferred embodiment, the pad member 100 is provided as a separate component from the unstable platform 10, and the pad member 100 can act as both a bumper member and an anti-slip member. Those knowledgeable in the art will recognize that suitable materials for the pad member 100 include but are not limited to natural rubber, latex free rubber, silicone, EPDM, Viton, foam, and other materials or constructions with at least one of force absorbing properties and high coefficients of friction.

Now referring to FIGs 12, 13A and 13B a preferred embodiment is shown where the planar member is rectangular having two long edges 21 and two short edges 22. The first 30 and the second pivoting members 40 have a half-disk shape. The planar member has an anti-slipping member 80 and a cavity 90.

Referring now to FIG. 14 A and B another preferred embodiment is shown where the pivoting member is formed of a tube bent to a half circle. The hollow middle of the half circle forms a cavity 90 that can be used as a handle.

According to one preferred embodiment, the size of the unstable platform 10 when measured as the length of the long edges 21 and the length of the short edges 22 is approximately 10-24 inches (25.4 - 60.96 cm) by 2-16 inches (5.08-40.64 cm). Even if the rectangular shape is preferred shape, the shape of the planar member can vary, and may be for example square, rectangular, oval, or round.

The unstable platform 10 is generally formed of a rigid material such as plastic. Those knowledgeable in the art will recognize that suitable materials would include but are not limited to ABS, polypropylene, acrylic, acetyl, and other plastics as well as wood, metal, and other rigid materials. According to one preferred embodiment the platform is made of one piece, whereby the planar member and the pivoting members are for example molded as one piece.

According to one preferred embodiment, the pivoting members 30, 40 cause the platform 10 to be unstable when placed against the surface 50. A user contacts either the first face 23 or the second face 24, typically with his or her feet or less typically with hands or other body parts. In this manner, energy can be imparted by the user to the unstable platform 10 to either maintain stability or to manipulate the platform 10 in at least one of the directions selected from side to side and forward and backward. Imparting such energy by the user may have benefits such as increased health or attention. Those knowledgeable in the art will recognize that several different constructions of pivoting members 30, 40 are possible in accordance with the present invention, provided that at least one pivoting member 30,40 causes platform 10 to be unstable. According to one embodiment, pivoting members 30, 40 cause platform 10 to be unstable by separating the substantially planar member 20 from the surface 50.

Although this invention has been described with a certain degree of particularity, it is to be understood that the present disclosure has been made only by way of illustration and that numerous changes in the details of construction and arrangement of parts may be resorted to without departing from the spirit and the scope of the invention.