W.G. Holdings et. al. v. Optec et. al

8/12/2019 W.G. Holdings et. al. v. Optec et. al.

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Ronald P. Oines (State Bar No. 145016)email: [email protected] C. Richardson (State Bar No. 244461)email: [email protected] & TUCKBR, LLP611 Anton Boulevard, Fourteenth FloorCosta Mesa, California 92626-1931Telephone: 714-641-5100Facsimile: 714-546-9035Attorneys for Plaintiffs W.G. HOLDINGS, LLC,CARSAR, LLC and ASPEN MEDICALPRODUCTS, INC.

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

Plaintiffs W. G. Holdings, LLC, Carsar, LLC and Aspen Medical Products,Inc. (collectively, Plaintiffs ), for their Complaint against defendant Optec USAInc. ( Optec ), and DOES 1 through 10, inclusive (collectively, Defendants ),allege as follows:

JURISDICTION AND VENUE1 . his is an action involving claims of patent infringement under Title

35, United States Code. This Court has jurisdiction pursuant to 28 U.S.C. 1331and 1338(a).

COMP LAINT F OR P ATENTINFRINGEMENT

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C ase No . SACV14-01142 JVS (ANx)COMPLAINT FOR INJUNCTIONAND DAMAGES FC7_ ATENTINFRINGEMENTDEMAND FOR JURY TRIAL

W. G. HOLDINGS, LLC; a CaliforniaLimited Liability Company; CARSAR,LLC, a California Limited LiabilityCompany; and ASPEN MEDICAL,PRODUCTS, INC., a CaliforniaCorporation,Plaintiffs,

VS.

OPTEC USA INC, a Georgiaco oration, and DOES 1 through 10,inc usive,Defendants.

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named herein as Does 1 through 10, inclusive, performed, participated in, or abettedin some manner, the acts alleged herein, proximately caused the damages allegedhereinbelow, and are liable to Plaintiffs for the damages and relief sought herein.

9 . Plaintiffs allege on information and belief that, in performing the actsand omissions alleged herein, and at all times relevant hereto, each of the defendantswas the agent and employee of each of the other defendants and was at all timesacting within the course and scope of such agency and employment with theknowledge and approval of each of the other defendants.

ASPEN'S BUSINESS1 0 . Aspen is a leader in the design, development and marketing of upperand lower spinal orthotics. Aspen's products are sold throughout the United States

and abroad. The management team and employees of Aspen have for more thantwenty years introduced a continuous flow of pioneering and successful spinalbracing products. As a developer and designer of innovative products, Aspen has arobust intellectual property portfolio that protects its innovations, designs andbrands.

THE PATENTS AT ISSUE1 1 . The patents that are the subject of this action are United States patent

no 7,141,031, entitled Cervical Collar with End-Supported Chin Strap (the '031Patent ) and patent no. 7,674,234, entitled Cervical Collar with GearedAdjustment (the '234 Patent ). Plaintiff W. G. Holdings, LLC owns the '031Patent. Plaintiff Carsar, LLC owns the '234 Patent. Plaintiff Aspen is the exclusivelicensee to the '031 and '234 Patents. A true and correct copy of the '031 Patent isattached as Exhibit A . A true and correct copy of the '234 Patent is attached asExhibit B .

OPTEC 'S INFRINGEMENT1 2 . Recently, it has come to Plaintiffs' attention that Optec is making,

using, offering to sell, selling and/or importing into the United States, including inCOMP LAINT F OR P ATENTINFRINGEMENT2118/031021-00107261015.1 a07/21/14

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this judicial district, a product called the Optec ProGlide Cervical Collar ( the OptecCollar ), which infringes one or more claims of the '031 Patent and the '234 Patent.

FIRST CLAIM FOR LIEF(Patent Infringement '031 Patent)

1 3 . Plaintiffs reallege each and every allegation set forth in paragraphs 1through 12, inclusive, and incorporate them herein by this reference.

1 4 . Defendants make, use, sell, offer to sale, and/or import into the UnitedStates products that meet each and every element of one or more claims of the '031Patent. As such, Defendants have infringed and are infringing the '031 Patent.

1 5 . On information and belief, Defendants have had actual or constructiveknowledge of the '031 Patent before and during their infringement of the '031Patent. On information and belief, Defendants' infringement of the '031 Patent hasbeen and/or will continue to be willful, wanton and deliberate with full knowledgeand awareness of Plaintiffs' patent rights.

1 6 . Plaintiffs have been damaged in an amount to be determined at trial,but which is no less than a reasonable royalty, and irreparably injured byDefendants' infringing activities. Plaintiffs will continue to be so damaged andirreparably injured unless such infringing activities are enjoined by this Court.

1 7 . Moreover, in light of the willful nature of Defendants' conduct, thiscase should be deemed exceptional under the Patent Laws. As a result, in additionto damages, Plaintiffs are entitled to enhanced damages and their attorneys' fees andcosts incurred herein.

SECOND CLAIM FOR LIEF(Patent Infringement '234 Patent)

1 8 . Plaintiffs reallege each and every allegation set forth in paragraphs 1through 12, inclusive, and incorporate them herein by this reference.

1 9 . Defendants make, use, sell, offer to sale, and/or import into the UnitedStates products that meet each and every element of one or more claims of the '234

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Patent. As such, Defendants have infringed and are infringing the '234 Patent.2 0 . On information and belief, Defendants have had actual or constructive

knowledge of the '234 Patent before and during their infringement of the '234Patent. On information and belief, Defendants' infringement of the '234 Patent hasbeen and/or will continue to be willful, wanton and deliberate with full knowledgeand awareness of Plaintiffs' patent rights.

2 1 . Plaintiffs have been damaged in an amount to be determined at trial,but which is no less than a reasonable royalty, and irreparably injured byDefendants' infringing activities. Plaintiffs will continue to be so damaged andirreparably injured unless such infringing activities are enjoined by this Court.2 2 . Moreover, in light of the willful nature of Defendants' conduct, thiscase should be deemed exceptional under the Patent Laws. As a result, in additionto damages, Plaintiffs are entitled to enhanced damages and their attorneys' fees andcosts incurred herein.

P' AYER FOR RELIEFWHEREFORE, Plaintiffs pray for judgment against Defendants as follows:1 . That Defendants, their officers, directors, agents, servants, employees,

and all persons and entities in active concert or participation with them, or any ofthem, be preliminarily and permanently enjoined and restrained from furtherinfringement of the '031 Patent and the '234 Patent;

2 . A judgment by the Court that Defendants have infringed and areinfringing the '031 Patent and the '234 Patent;

3 . An award of damages for infringement of the '031 Patent and the '234Patent, together with prejudgment interest and costs, said damages to be trebled byreason of the intentional and willful nature of Defendants' infringement, as providedby 35 U.S.C. 284;

4 . A determination that this case is exceptional under 35 U.S.C. 285,and an award of Plaintiff's reasonable attorneys' fees;

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5 . That any monetary award include pre- and post-judgment interest at thehighest rate allowed by law;

6 . For costs of suit; and7 . For such other and further relief as the Court may deem just and proper.

Dated: July 21, 2014 RUTAN & TUCKER, LLPRONALD P. OINESTHOMAS C. RICHARDSONBy:

onald P. OinesAttorneys for Plaintiffs W. G.HOLDINGS, LLC, CARSAR, LLCand ASPEN MEDICAL PRODUCTS,INC.

COMPLAINT FOR PATENTINFRINGEMENT2 1 1 8 / 0 3 1 0 2 1 - 0 0 1 07261015.1 a07/21/14 -6-

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RUTAN & TUCKER, LLPRONALD P. OINESTHOMAS C. RICHA II SON

DEMAND FOR JURY TRIALPursuant to Local Rule 38-1 of the Local Rules of the United States District

Court for the Central District of California, Plaintiffs hereby demand a jury trial inthis action.Dated: July 21, 2014

By:onald P. linesAttorneys for Plaintiffs W. G.HOLDINGS, LLC, CARSAR, LLCand ASPEN MEDICAL PRODUCTS,

INC.

COMP LAINT F OR P ATENTINFRINGEMENT-7-118/031021-00107261015.1 a07/21/14

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114 , 1 0 1 1 B i i I 1 1 1 1 1 1 1( 1 2 ) United States Patent 1 0 ) Patent No . : S 7,141,031 B2

Garth et al. 45) Date of Patent: o v . 2 8 , 2 0 0 6(54) CERVICAL COLLAR WITHEND-SUPPORTED CHIN STRAP(75) Inventors: Geoffrey Garth, Long Beach, CA (US);Charles Patterson, Long Beach, CA

(US)(73) Assignee: W. G. Ho ldings, LLC., Long Beach,CA (US)(*) Notice: ubject to any disclaimer, the term of thispatent is ex tended or adjusted under 35U.S.C. 154(b) by 189 days .( 2 1 ) Appl . No.: 10/444,201( 2 2 ) Filed: a y 2 3 , 2 0 0 3( 6 5 ) rior Publication Data

U S 2004 / 01 76 71 3 A l ep. 9, 2004Related U.S. Application Data

(60 ) Provis ional appl ication No. 6 0/382 ,937, f i led on May2 4 , 2 0 0 2 .( 5 1 ) Int. Cl.

A61F 5/00 2 0 0 6 . 0 1 )( 5 2 ) U.S. Cl . 602/18; 128/DIG. 23(58) Field of Classification Search 602/5,6 0 2 / 1 8 - 1 9 , 1 7 ; 1 2 8 / D I G . 2 3See application file for com plete search history.

(56 ) References CitedU.S. PATENT DOCUMENTS

4,643,174 A * 2/1987 Horiuchi 602/3184,712,540 A * 12/1987 Tucker etal. 602/185,097,824 A * 3/1992 Garth 602/185,230,698 A * 7/1993 Garth 602/185,797,863 A * 8/1998 Kohnke 602/186,090,058 A * 7/2000 Traut et al. 602/186,494,854 Bl* 12/2002 Visness et al. 602/18* cited by examinerPrimary ExaminerMichael A. Brown(74) Attorney, Agent, or FirmRutan Tucker, LLP( 5 7 ) ABSTRACTThe cervical collar has three principal pieces: a back panel,a main collar body, and a chin piece. The chin piece ispermanently attached to the m ain col lar body and is onlyattached at its ends to the m ain collar body so that the centerportion o f the chin piece can adjust to chin co nfiguration.The back panel engages behind the neck and is tightenedwith respect to the main collar body to properly support thepatient's head and protect the cervical spine. The chin pieceadjusts to the patient's chin configuration because it issufficiently flexible and only suppo rted away from the chinarea. Each of the pieces has a foam cushioning layer.

20 Claims, 5 Drawing Sheets

P A G E S


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US 7,141,031 B21

CERVICAL COLLAR WITHEND-SUPPORTED CHIN STRAPCROSS-REFERENCE

2FIG. 5 is a front left perspective view of a secondpreferred embodiment of the cervical collar with end-sup-ported chin piece of this invention, similar to the view ofFIG. 2.

5

BACKGROUND OF TH E INVENTION 5

This application relies on U.S. patent application Ser. No .60/38 2,937, f i led May 24, 2002 for prior i ty .FIELD OF THE INVENTION

This invention is directed to a cervical collar for support-ing the cervical vertebrae, particularly when a person isinjured and cervical damage is suspected.

When a human body is stressed, such as by injury, variouskinds of damage may o ccur. Stress to the cervical vertebraemay cause nerve damage and, when that high on the spinalcord, nerve damage can lead to significantly debilitatingparalysis. The extent of paralysis is related to which par-ticular cervical vertebra is adjacent to the damaged nerve.Therefore, it is essential to provide a cervical collar whichproperly supports the head and neck of an accident victimuntil the scope and nature of the damage is determined

SUMMARY OF TH E INVENTIONIn order to aid in the understanding of this invention, itcan be stated in essentially sum mary fo rm that it is directedto a cervical collar with end-supported chin piece. Thecervical collar is formed of a back piece positioned behindthe neck and a main co llar body engaged on the upper chestof the patient just below his neck. Each is padded, and they

are attached together around the neck. A chin piece issecured to the main co l lar body at each side thereon. Th echin piece is of flexible sheet material and engages under thechin of the patient. It is supported o nly adjacent its ends sothat the center portion under the patient's chin is unsup-ported allowing it to conform itself to the shape of thepatient's ch in.

It is, thus, a purpose and advantage of this invention toprovide a cervical collar with end-supported chin piece sothat the chin piece engages under the chin of the patient andcan co nform by its flexibility to the shape o f the patient'schin.It is a further purpose and advantage of this invention toprovide a cervical collar with end-supported chin piecewherein the chin piece is made of flex ible sheet material andis secured to the rest of the collar structure only adjacent itsends so that the center port ion thereof may f lex to acco m-mo date patients with different chin configuration.

Other purposes and advantages of this invention willbecome apparent from a study of the following portion of thespecification, the claims and the attached draw ings.BRIEF DESCRIPTION OF THE DRAWINGS

FIG, 1 is a perspective view o f the cervical col lar withend-supported chin piece of this invention shown on apatient for his cervical spine support.FIG. 2 is a similar view, without the patient.FIG. 3 is a left side elevational view thereof with thecervical collar in the assembled configuration.FIG. 4 is an view similar to FIG. 3, but with the uppervelcro layer removed.

DESCRIPTION OF THE PREFERREDEMBODIMENTSThe first preferred embodiment of the cervical collar with

10 end-supported chin piece is generally indicated at 10 inFIGS. 1, 2, 3 and 4. The cervical col lar 10 is comprised ofthree principal structural parts. The back panel 12 is seen inFIGS. 1, 2 and 3. The back panel 12 com prises a sheet 14 o fflexible polymer co mpo sition material which carries a pad-ding layer 16 thereon. The padding layer 16 is preferably afoam polymer layer. The back panel 12 is configured toextend around the back of the neck of the patient 18.Extending forward from the back panel on each side is aflexible attachment band for securing the back panel to the20 main collar body 24. The attachment band 20 is seen in

FIGS. 1 and 2 . A similar band 22 is attached to the left sideof the back panel and is seen in dashed lines in FIG. 3. Thesebands are preferably half of a hoo k and loo p fastener system.Main collar body 24 is formed of a sheet of flexible25 synthetic polym er com position material. It engages from thesides of the neck of the patient down over his chest. Theback edge 26 on the left side is seen in FIGS. 3 and 4. Theback edge o n the right s ide is obscured in FIGS. 1 and 2,because it is inside the near edge of the back panel. The back30 edges of the m ain col lar body about l ie in the plane of thecervical spine. From the back edge, the main col lar bodyextends forward and sweeps down to form an upper edge 30,which is sufficiently far down on the chest to define a

tracheotomy access opening at the front of the patient's35 neck. The lower edge o f the main col lar body has tabs 32thereon. The tabs have notches between and openings

therein to pro vide a progressively smaller cross section fromthe free low er edge of the sol id portion of the main co l larbody. The tabs provide an easier transition between the40 constraining effect of the collar 10 and the unsupportedsurface adjacent thereto. As seen in FIGS. 1 -4, the sides ofthe main collar body sweep forw ard off the sides of the neckand then downward to engage over the patient's clavicle toobtain firm support of the cervical collar from the patients45 skeletal structure.In order to strengthen the main collar body 24, strength-ener 34 is a generally U-shaped structure o f sheet syntheticpolymer co mposition m aterial cut into U-shape. At its upperend, it is attached to the main co l lar body 2 4 by means o f50 r ivets 36 and 38, see FIGS. 3 and 4. At i ts U-shaped low erportion, which generally follows the U-shaped center por-tion o f the main collar body 24 , is attached by rivets 40 and

42, see FIGS. 1 and 2. Rivet 42 is also seen in FIGS. 3 and4. The back end of the strengthener band 34 is also attached55 to the main collar body 24 at rivets 36 and 38. Similarattachment is provided at the opposite side.Padding layer 44 u nderlies the main collar body 24 and ispreferably a layer of sy nthetic foam m aterial having fabricattached to each side. The inside fabric layer is suitable for60 engagement against the patient, while the outside fabriclayer on the foam padding layer is suitable to be engaged bythe hoo k port ion o f a ho ok-and-loop fas tener. The paddinglayer 16 is similar. Padding layer 44 is attached to the insideof the main collar body 24 by the hook portion of a65 hook-and-loop fastener, A disc 46 of hook fastener isattached to the inside of the lower front o f the main co l larbody 24, see FIG. 1. Other such discs are preferably fastened

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on the underside of the m ain col lar body 2 4, for exam ple,near the rivets 40 and 42. The padding layer extends up andback along the interior of the main collar body 24 andterminates in an ear, which extends back beyond the backends of the m ain collar body. O ne of the ears is indicated at48 in FIG. 2 . The o ther s ide is s imilar.

The third principal structural part of the cervical collar 20is the chin piece, generally indicated at 50 in FIGS. 1, 2, 3and 4. The chin piece 50 is formed o f flexible sheet syntheticpolymer m aterial and is configured so that, when the ends 52and 54 are substantially vertical where they lie inside theends of the main co l lar body, the forward chin-supportingsection 56 lies forward at an angle between 30 and 45degrees to the ho rizontal, as seen in FIGS. 3 and 4. The chinpiece is attached to the main collar body by two rivets ateach side. The two rivets o n the left side are indicated at 36and 38 in FIGS. 3 and 4. There are similar rivets on the rightside. These rivets are hidden under the hook fastener band58, w hich is seen in FIGS. 1 , 2 and 3 . The view of FIG. 4is shown w ith this hook fas tener band removed to show thepositioning of the rivets. As seen in FIGS. 3 and 4, the rivetsare close to the back end of bo th the main col lar body andthe chin piece.The entire center section o f the chin piece in the forwarddirection beyond the forward rivet 36 and its companionrivet on the other side is unsupported. The forward rivet isno further forward than halfway from the patient's man-dibular joint to the center of his chin. Support for the chinat the center of the chin piece is provided by the stiffness ofthe chin piece. The ch in piece is sufficiently stiff to pro videadequate support, but it is flexible enou gh to be able to bendsubstantially to the patient's chin co ntours. The entire w idthof the front of the chin piece over the entire tracheotomyopening 60 is not engaged or supported by any otherstructure. The only structural support for the chin piece is atits rivets near its back ends, as previo usly stated.Padding layer 60 covers the inside of the chin piece 50 . Itis a polymer fo am padding layer with a suitable fabric on theinside surface for skin contact. The outside of the paddinglayer is covered with a fabric which can be engaged by thehoo k port ion of a hoo k-and-loo p fas tener system. Band 58of the hook portion of the hook-and-loop fastener is wrappedround the back end 26 for a sho rt way. The ear 48 engagesthereon and is releasibly retained by the po rtion of the band58. The band 58 extends forward and is folded over the topedge of the chin piece at its front center. This folded-overportion is indicated at 62 in FIGS. 1 and 2. At that location,it lies on the inside of the chin piece at its top edge. It is atthis location that the padding layer is attached at its frontcenter to the hook fastener band. The padding layer issecured to the inside o f chin piece 60 adjacent its back end

by attachment disc 64, as sho wn in FIGS. 3 and 4 .When it is required for the support of his head and neck,the cervical col lar 10 is placed on the patient 18 . The maincollar body and chin piece are a permanently attachedstructure, and the respective padding layers are in po sition.The main co llar body 24 is placed against the chest with thechin piece 50 under the chin of the patient. The back panel12 is placed behind the neck of the patient and overlaps theoutside of the main collar body on both sides, as seen inFIGS. 1 and 2. The main collar body and chin piece arethrust back at the same time the back panel is thrust forward.Attachment bands 20 and 22 on the back panel are pulledforward and attached to the band 58 on both sides. Theapplication o f the col lar 10 on the patient should be suffi-ciently firm so that the tabs on the m ain collar body and the

4tabs on the back panel are resiliently bent. This appliesresilient stabilization to the cervical spine and head of thepatient.Another preferred embodiment of the cervical collar with

5 end-supported chin piece is seen in FIG. 5 and is generallyindicated at 70. The cervical collar 70 is com prised of threeprincipal parts. It has a back panel 72 , which is the same asback panel 12 ex cept that it is tal ler . Main col lar body 74extends forward and downward and rests upon the chest ofto the patient. It has tabs 76 to provide a transition which ismo re gradual than a hard edge. The tabs may have configu-ration which ch anges their resil iency as a function o f thedistance from the principal part of the main collar body. Ascompared to the main collar body of the cervical collar 10,15 the main collar body 74 has an arm 78 which extendsupward, with one arm on each side of the tracheotomyopening 80. Both the back panel and main collar body havea suitably configured padding layer thereunder. The paddinglayer is of po lymer foam material with its inside suitable for20 body contact and its outside suitable for attachment by

hook-type fasteners. The inside of the back panel and insideof the m ain col lar body are each provided with port ions o fhook-type fasteners so that the padding material is remov-ably attached thereto.25 hin piece 82 is permanently attached to the m ain collarbody by means o f two rivets on each side. Rivets 84 and 86are shown on the near side of FIG. 5. The forward rivet 84is no closer to the center of the chin strap than half thedistance from the patient's mandibular joint to the center of30 the chin strap. There are similar rivets on the far side. Thisstructure is very similar to the structure of cervical collar 10,except that the rivet mountings are farther apart. The chinpiece also has a padding layer of the nature described above.The flexibility of the chin piece between the front two rivets,35 of w hich rivet 84 is one, and the distance between the frontrivets is sufficient so that the chin piece can adjust to the

configuration of the patient's chin. The chin piece is unsup-ported between its rivets and relies upon its own stiffness toprovide support, together with the necessary flexibility toao achieve the proper chin support configuration. H oo k-and-loo p fastener strap 88 is attached to the main col lar body,extends through a slo t in the back panel and extends forwardto attach o nto itself. A similar fastener strap is provided onthe opposite side so that the co llar 70 can be tightened to the45 appropriate firmness to properly suppo rt the patient's headand stabilize his cervical spine.This invention has been described in its presently pre-ferred embodiment, and it is clear that it is susceptible tonumerous m odifications, mo des and embodiments within50 the ability o f those skilled in the art and withou t the ex ercise

of the inventive faculty. Accordingly, the scope of thisinvention is defined by the scope of the following claims.Wh at is claimed is:1. A cervical collar co mprising:

55 main collar body configured to overlie the upper chestof at patient and extend over his shoulders substantiallyto the spinal plane;a flexible chin supporting piece, having no midline sup-port and being secured to the main collar body only60 djacent to its ends; anda back panel coupled to the m ain col lar body, and con-figured to engage the hack of the neck of the patient.2. The cervical col lar of claim 1 wherein at least one ofsaid chin supporting piece, main collar bo dy and said back65 panel have padding attached thereto.3. The cervical col lar of claim 2 wherein said paddingcomprises a foam polymer.

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4. The cervical col lar of claim 1 wherein at least one ofsaid main collar body and saidback panel has flex tabs alongthe edge thereof.5. The cervical collar of claim wherein at least some ofsaid tabs have a base and a tip, with the base being wider 5than the tip.6. The cervical collar of claim 1, further comprising ahoo k-and-loop fas tener that couples sa id main col lar bodyand said back panel.7. The cervical collar of claim 6 having right and leftlateral portions, each of which operates as a continuousextension of the m ain col lar body.8. The cervical collar of claim 7 w herein the right and leftlateral portions are riveted to the m ain collar.9. The cervical col lar of claim 1 wherein the chin piece 15has left and right rivets lateral to the midline.10. A cervical collar co mprising:a main collar body having a padded chest portion and aportion that extends over a patient's shoulder;a chin piece having two lateral arms coupled to the main 2

collar bo dy, and a m id-section that is supported entirelyby the lateral arms;an adjustment mechanism thtu adjusts the chin piecerelative to the main collar body; anda back panel remo vably cou pled to the main col lar body. 2511. The cervical collar of claim 10 wherein said backpanel carries a padding.12, The cervical collar of claim 10 wherein said backpanel has flexible tabs.

613. The cervical collar of claim 12 wherein said flexibletabs are of increasing cross section from their tips to thebrace where they are integral with said main collar body.14. The cervical collar of claim 10 wherein there is an

opening in said main collar body to provide access fortracheotom y, and there is a strengthening layer adjacent saidopening to provide adequate strength around said openingfor said main collar body.to 5. Th e cervical collar of claim 1 1 wherein said paddinglayer is attached to said cervical collar by hoo k fasteners.

16. The cervical collar of claim 10 wherein said backpanel is attached to said main collar body by means ofhoo k-and-loo p fasteners.

17. The cervical col lar of claim 16 wherein a portion ofsaid book -and-loo p fasteners for attachment o f said backpanel also serves as attachment structure for attaching saidmain collar body padding thereto said main collar body.18.The cervical collar of claim 1 0 wh erein said chin piece

is attached to said back panel through the main body.19.The cervical collar of claim 1 8 w herein said chin pieceis attached to said back panel through the main body by atleast one river.20. The cervical collar of claim 19 wherein the chin piecehas right and left rivet attachments.

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0 p(1 2) United States Patent 1 0 ) Patent No .: S 7,674,234 B2Calco et al. 4 5 ) Date of Patent: ar. 9, 2010

5,005,563 A * 4 / 1 9 9 1 Veale 6 0 2 / 1 85,688,229 A * 1 1 / 1 9 9 7 Bauer 6 0 2 / 1 85,865,773 A * 2 / 1 9 9 9 Ko le d i n 6 0 2 / 1 86,423,020 Bl* 7 / 2 0 0 2 Koledin 6 0 2 / 1 8

2004/0204666 Al 10 / 2 0 0 4 Marsh

* cited by exam inerPrimary ExaminerMichael A. Brown(74) Attorney, Agent, or FirmFish & Asso ciates PC

(57) BSTRACT

The present invention pro vides a cervical collar with a rackand pinion adjustment mechanism. The rack mo ves a chinsupport member, which raises and low ers a chin piece. Inde-pendently, the present invention provides methods andmechanisms in which the chin support can angulate indepen-dently of the collar body, Such angulation is preferablyaccom plish by pivotal ly supporting the chin piece o n theracks, or o n the left and right chin support pieces. Thus, in apreferred class of em bodiments, the co llar has a pivot fo r thechin support pieces relative to the co llar body, and an otherpivot for the ch in piece relative to the chin support pieces.

13 Claims, 4 Drawing Sheets

(54) CERVICAL COLLAR WITH GEAREDADJUSTMENT

(75) Inventors: Wayne A. Calco, Laguna Hills, CA(US); David Laurence Moeller, Tustin,CA (US); Jozsef Horvath, Fullerton, CA(US); Geo ffrey Garth, Long Beach, CA(US)(73) Assignee: Caesar, LLC( 5 ) Notice: ubject to any disclaimer, the term of thispatent is ex tended or adjusted under 35U.S.C. 154(b) by 1258 days.( 2 1 ) A p pl . N o . : 1 1 / 1 9 4 , 0 0 6( 2 2 ) Filed: ul . 28, 2005( 6 5 ) rior Publication Data

U S 2 0 0 7 / 0 0 2 7 4 1 8 A l e b . 1 , 2 0 0 7( 5 1 ) Int. Cl.

A61F 5/00 2 0 0 6 . 0 1 )( 5 2 ) U.S. Cl. 6 02/ 1 8 ; 1 28 / D IG . 23(58) Field of Classification Search 602/17-19;128/DIG. 23See application file for com plete search history.( 5 6 ) eferences Cited

U.S. PATENT DOCUMENTS2,791,999 A * 5/1957 Bustamante 601/39

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US 7,674,234 B21

CERVICAL COLLAR WITH GEAREDADJUSTMENTFIELD OF THE INVENTION

The field of the invention is cervical collars.BACKGROUND OF TH E INVENTION

Cervical collars are generally used to maintain a spine inneutral alignment. In order to maintain neutral alignment, theuser's chin must be supported at a particular position.Because of this requirement for neutral alignment, andbecause users o f the co llars are proportioned differently, col-lars are made in various sizes. One of the problems withmaking collars in various sizes, however, is that medicalpractitioners have to stock and keep track of a multitude ofsizes, which can become quite burdensome.In order to address the burden caused by the need to stockvarious sizes, adjustable col lars have emerged. One mo re

recent patent, U.S. Pat. No, 6 ,663,58 1 to Calabrese, teaches acollar that can be adjusted by manually sliding a mandibleinto position and then inserting a clip to lock it. While theCalabrese collar may have addressed the adjustability prob-lem with a mo dicum of success, there are still problems withthe way the adjustment is done. One problem is that previ-ously known adjustable collars have independently adjustedleft and rights sides, which allows for asymmetric adjust-ments. Another problem is that making left and right adjust-ments requires two adjustments rather than o ne. Still a thirdproblem is that failure of the adjustment on a single side tohold in position may result in a significant torquing of thehead and lead to significant misalignment of the cervicalspine.A separate set of problems with respect to prior art cervicalbraces is that the chin support piece is rigidly coupled to the

collar body, and does not sufficiently allow for differentshaped chins. The result is that a wearer can experience exces-sive pressure at localized regions o f the chin. This is not somuch of a problem for an emergency collar, but it a verysignificant problem for a collar intended for extended wear.Thus, there is a need for an adjustable collar where left andrights sides can be adjusted with a single motion, and thatprovides a chin suppo rt that can angulate independently of thecollar body.SUMMARY OF THE INVENTION

The present invention provides metho ds and mechanismsin which left and rights sides can be adjusted with a singlemotion. Adjustment of the left and rights sides can be advan-tageously acco mplished using a gear mechanism, and in par-ticular a rack and pinion mechanism. As the pinion is rotated,the chin support member is raised or lowered as a result ofmo vement of the racks.Independently, the present invention provides methods andmechanisms in w hich the chin support can angulate indepen-dently of the collar body. Such angulation is preferablyaccomplish by pivotally supporting the chin piece on theracks, or on the left and right chin support pieces. Thus, in apreferred class of em bodiments, the collar has a pivot for thechin support pieces relative to the co llar body, and an otherpivot for the chin piece relative to the chin support pieces.Various objects, features, aspects and advantages of the 65present invention will become more apparent from the fol-lowing detailed description o f preferred embo diments of the

2invention, along w ith the accompanying drawings in whichlike numerals represent like co mponents.

BRIEF DESCRIPTION OF THE DRAWING

DETAILED D ESCRIPTIONReferring first to FIGS. 1-4, a cervical collar 100 comprisesa main col lar body 11 0, mechanism enclosure 11 1, a knob12 0, a first rack 130 , a second_ rack 140 , a first chin supportmember 135, a second chin support member 145, and a chinpiece 150.Firs t and second racks 130 , 140 and the pinion gear 310coo perate to adjust the height o f the first and second chinsupport member 135. 145, and thereby the height of the chinpiece 150 . These parts are configured to allow use o f a single(o r relatively small number o f collars) to m aintain the headand neck in neutral alignment, supports must be co nsistentwith the key dimension of an individual wearer. As usedherein, the term key dimension means the height of theinferior surface of the chin where the chin piece supports thechin, relative to a horizontal line drawn at the top of the

shoulder where the collar body rests upon the trapeziusmuscles.As best seen in FIG. 1, the racks 130, 140 are guidedbetween the main collar body 110 and mechanism retainer370 to ward the pinion gear 310. The pins 132 and 1 42 couplethe racks to the chin support members 135 and 145 such that

upward mo vement of a rack causes the associated chin sup-port member to also move upward. Likewise, downwardmo vement of a rack wil l cause the associa ted chin supportmember to mo ve downward. Because the racks 130 , 140 areused to push the chin support members 135, 145 upwardrelative to collar body 110 (and of course also relative to thewearer's sternum and shoulders), they are preferably made ofa sufficiently stiff material. Contemplated materials includehard thermoplastic, metal, etc.Pinion gear 310 is preferably constructed from a relativelyhard plastic or o ther suitable material that exhibits relativelylittle wear over time due to contact with the rack teeth (e.g.acetyl resin). The teeth of the pinion gear must of course matewith the teeth of the racks.In the embodiment o f FIGS. 1 -4, the height adjustment isaccomplished by rotating knob 120, which causes rotation ofa pinion gear (see 3 10 in FIG. 3), which m oves the racks 13 0,140 laterally and vertically, which causes the first and secondchin support members 13 5, 145 to mo ve up and down. Rota-tion of the knob 1 20, and hence of the gear 31 0, is preferablybi-directional with o ne direction (e.g. clo ckwise) causing theracks 13 0, 140 to mo ve upward and he other (e .g . counter-clockwise) causing the racks to move downward.Since the pinion gear 31 0 o perates upon both racks 130 ,140 simultaneously, each chin support member 135, 145moves u p or down at the same time, at the same rate, and forthe same distance. Preferred embodiments include somemechanism for limiting the travel of the racks 130, 140 andsupport members 135, 145. This can be accomplished inseveral ways. For ex ample, travel of the racks 130, 1 40 can bereadily limited by limiting rotation of the pinion gear 310,

1 5

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5 FIG. 1 is a front perspective view of a cervical collar.FIG. 2 is a front view o f the cervical collar of FIG. 1 , withthe cover removed.FIG. 3 is an ex ploded perspective view o f a cervical collarto of FIG. 4 i1. s a perspective view of an alternative cervical collarutilizing a single rack.

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through the use o f stops, by limiting the number of teeth o n ndeed no teeth at all. In the latter case, for example, the rackone or both of the racks 130, 140, and/or limiting the rise of nd pinion can each have rubbery surface that together pro-the chin support member 135, 145 such as through the use of ide sufficient friction to couple the relatively motions of thea pin within a slot . FIGS. 1 and 2 sho w the use of pins 13 2,142 ack and pinion. Moreover, in common usage one often referscoo peration with s lots 16 0, 170 for this purpose . Slots 1 60 5 to the rack portion of a rack and pinion as being flat. As usedand 170 allow the support members 135 , 145 to move from a in this application, a rack need not be flat, and indeed in mostinstances will be curved. The only essential feature of thefully extended configuration in which the pins 132, 142 are attheir highest point to a ful ly co mpressed configuration in acks and pinions as used herein is that the rack translates inspace as the pinion rotates. Where discussion is limited to awhich the pins 132, 142 are at their lowest point. The fully too thed rack and pinion either the teeth are e xpressly stated,extended configuration is intended to adapt to a person w ith a to or the pinion is referred to as a pinion gear.large key dimension (tall neck), while the most co mpressed Thus, specific em bodiments and applications o f a cervicalconfiguration is intended to adapt to a person with an espe- ollar with a geared adjustment have been disclosed. It shouldcially small key dimension (short neck). e apparent, however, to those skilled in the art that manyIt should also be appreciated that the extent of pivoting o f ore m odifications besides those already described are pos-the chin piece 15 0 sho uld probably be limited in some m anner is sible without departing from the inventive concepts herein.to prevent exce ssive angulation that could result in the wear- he inventive subject matter, therefore, is not to be restricteder's chin sliding off the chin piece. Such limitation can be xcept in the spirit of the appended claims. Mo reover, inprovided by the shapes of the jux taposing surfaces of the nterpreting both the specification and the claims, all termschine piece 150 and the side pieces 135, 145. hould be interpreted in the broadest possible manner consis-Preferred embodim ents of co llar 1 0 0 can be readily sized 2 0 tent with the context. In particular, the terms com prises andto a w earer by including calibration markings 190 that corre- com prising sho uld be interpreted as referring to elements,spond to key dimensions. Fo r ex ample, a calibration marking om ponents, or steps in a no n-exclusive manner, indicatingfor a short col lar might correspond to a key dimension of hat the referenced elements, components, or steps may be0.75. The calibration can be in a relatively small unit of resent, or utilized, or co mbined with o ther elements, com-measure such as a millimeter but is more likely to be in 2 5 ponents, or steps that are no t ex pressly referenced.centimeters, inches or so me o ther designation. Placement of What is claimed is:the ca l ibration m arkings 19 0 sho uld be conspicuous to the 1. A cervical collar having a chin piece, a collar body, andperson setting the size (generally not the user himself). In a chin height adjustment mechanism comprising a first rackFIG. 1, for example, the calibration markings 190 are shown hon the side of the collar body. In other embodiments, the hat co operates with a pinion, disposed such that a s inglecalibration may be o n or around the k n ob or s ome o ther place 30 adjustment to the adjustment mechanism operates to raisealong the path o f either rack. oth lateral sides of the chin piece relative to the collar body.Knob 1 20 not o nly rotates, but also move in and out. In the . The cervical collar of claim 1, further comprising afully inward configuration the kno b is locked from rotation, econd rack that coo perates with the pinion.and in the outward configuration the kno b 1 20 is rota table . The cervical collar of claim 2, wherein at least one of the(unlocked) . In the particular embodiments show n, the pinion 3 s racks and the pinion has teeth.gear 31 0 is directly connected to the knob 1 20, and the knob . The cervical collar of claim 1, wherein the rack is120 is biased to the locked (inward) position, oupled to a lateral chin support member.A safety 180, comprising lock 182 and spring 184, can . The cervical collar of claim 4, wherein rotational mo ve-optionally be provided as a secondary means o f prohibiting ent of the pinion is hi-directional, one direction causing themo vement of the racks. Safety 18 0 can o perate in any suitable 40 lateral chin support member to raise and another directionfashion, but in this particular embodiment the safety 180 ausing the chin support member to lo wer.prevents the knob 120 from mo ving to the outward (rotatable) . The cervical collar of claim 4, wherein the lateral chinposition. This may be done by providing a tab on the pinion support member is coupled to a chin piece.gear which can be sto pped by contact with the safety. 7. The cervical collar of claim 1, wherein the chin pieceChin support members 135 and 145 are pivotally mountedto the main collar body 110 at points 112 and 114. Addition- 45 raises and lowers as a result of movement of the rack.ally, chin piece 15 0 is pivotally mou nted to the chin support . The cervical collar of claim 1, further comprising a chinsupport piece, and wherein the chin piece rotates relative tomembers 135 and 145 at pivots 137, 147. As used herein theterm pivot includes mechanisms that provide pivoting he chin suppo rt piece, and the chin support piece rotatesmotion, even though there is no actual axle or line about elative to the cervical collar body.which the pivoting motion takes place. T hus , c hin piec e 15 0 50 . The cervical collar o f claim 1 , further comprising a chincan be said to be pivotally mounted to the chin support mem- upport piece that moves up and down, the chin piece rotatingbers 13 5 and 145 at pivots 13 7, 147 even in situations where elative to the chin support piece.these parts are molded together in a manner that provides 0. The cervical col lar of claim 1 , further com prising asufficient play to effectively provide a pivoting type nob that is effective to raise and lower the chin piece, and ismotion. 5 configurable between an inward configuration in which rota-An alternative embodiment of a cervical collar 400 is ion o f the pinion is locked and an o utward configuration inshown in FIG. 4. The co llar 400 has a single central rack 405 hich rotation of the pinion is unlocked.and a pinion gear 410 attached to main collar body 415. 1 . The cervical col lar of claim 1 , further comprising aRotation of the pinion gear 410 moves rack 405 upward, safety that substantially prohibits rotation o f the pinion.which therefore raises chin piece 450 . As with the embo di- 60 2. The cervical collar of claim 1, wherein the rack and thement of FIGS. 1 -3, the height of the chin piece 450 can be pinion have alternating peaks and valleys that cooperate withadjusted by rotating a kno b 420 , which turns the pinion gear410. In this embodiment, however, there is no need to pull out ach other to move the rack.the knob. 3 . The cervical col lar of claim 1 , further com prising aIt should also be appreciated that the terms "rack" and alibration that correlates with a height of the c hin piece.pinion are used herein in a broader manner than ordinary 65usage, and include embodiments with teeth of any size, or

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