Case 2:18-cv-00267-BCW Document 2 Filed 03/28/18 Page 1 of 14

Peter M. de Jonge (7185)

Jed H. Hansen (10679)
Kurtis M. Hendricks (15626)
THORPE NORTH & WESTERN LLP
175 S. Main St., Suite 900
Salt Lake City, UT 84111
Telephone: (801) 566-6633
Facsimile: (801) 566-0750
E-mail: dejonge@tnw.com
hansen@tnw.com
kurt.hendricks@tnw.com

Attorneys for Handstands Promo, LLC.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

HANDSTANDS PROMO, LLC, a Utah COMPLAINT

limited liability company,
Case No. 2:18-cv-00267-BCW
Plaintiff
v. Magistrate Judge Brooke C. Wells

ADVANCE AUTO PARTS, INC. d/b/a

AUTOCRAFT, a Delaware corporation,

Defendant.

Plaintiff Handstands Promo, LLC (hereinafter “Plaintiff” or “Handstands”), by and

through its counsel, hereby files this Complaint with Jury Demand against Defendant Advance

Auto Parts, Inc. d/b/a Autocraft (“Defendant” or “Autocraft”).

COMPLAINT

Plaintiff complains and alleges as follows:

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PARTIES, JURISDICTION, AND VENUE

1. Handstands is a Utah limited liability company having a principal place of

business at 102 West 12200 South, Draper, Utah 84020.

2. Upon information and belief, Defendant is a Delaware corporation with its

principal place of business at 5008 Airport Road, Roanoke, Virginia 24012.

3. Plaintiff brings this action under U.S. patent laws, 35 U.S.C. §§ 1 et seq.

4. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§

1331 and 1338.

5. This Court has supplemental jurisdiction over any state law, or statutory and

common law claims pursuant to 28 U.S.C. § 1367.

6. Upon information and belief, this Court has specific personal jurisdiction over

Defendant because Defendant has purposefully directed its activities toward the state of Utah by

selling its products—which infringe the patents at issue in this case—directly into the state of

Utah, thereby also inducing and contributing to the infringement of the patents at issue.

7. Upon information and belief, Defendant maintains an office and employees in the

state of Utah and has substantial, continuous contacts with the state of Utah. Accordingly, this

Court has general personal jurisdiction over the Defendant.

8. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 and § 1400 at

least because Defendant has committed acts of infringement in this district, has a regular and

established place of business in this district, conducts business in this district directly related to

the patents at issue in this case, is subject to the court’s personal jurisdiction in this case, and a

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substantial part of the infringing activity giving rise to the Plaintiff’s causes of action occurred in

this judicial district.

BACKGROUND

9. Handstands is an industry leader in developing, manufacturing, marketing,

distributing, and selling various phone, tablet and automotive accessories and other products,

including frictional holding pads for removably attaching items, such as cell phones or digital

music players, to a surface, such as an automobile dashboard.

10. One of Handstands’ frictional holding pad devices is marketed as RoadsterTM and

is shown below.

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Handstands’ Frictional Holding Device Patents

11. Handstands has been awarded and is the owner of many patents relating to and

covering its frictional holding devices. Among the patents that Handstands has been awarded are

U.S. Patent Nos. 8,490,846 (the “’846 Patent”), 8,851,349 (the “’349 Patent”) and D739,396 (the

“’396 Patent”) (together, the “Patents-in-Suit”), attached as Exhibits 1-3, respectively.

12. In accordance with 35 U.S.C. § 287, Handstands has given notice to the public of

the Patents-in-Suit by duly and properly marking all articles covered by these patents that have

been sold, offered for sale, or imported by Handstands.

Autocraft Infringes Handstands’ Patents

13. Autocraft is in the business of making, using, selling, offering for sale, and/or

importing into the United States a variety of automobile accessories.

14. Autocraft’s products are sold through brick and mortar and online retailers, where

they are purchased by consumers throughout the United States, including the State of Utah.

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15. Upon information and belief, Autocraft manufactures, markets, and sells a

frictional pad product known as a Dash Cling, or part number AC2055 (hereinafter “Accused

Product”). An example of the Accused Product is shown below.

16. Autocraft has not obtained permission from Handstands to use any of the rights

attendant to the Patents-in-Suit in connection with the Accused Product.

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17. The Accused Product includes design features that are substantially the same as

the claimed subject matter of the ‘396 Patent, as illustrated in the example below:

The ‘396 Patent The Accused Product

18. As demonstrated above, the design of the Accused Product is substantially the

same as the claim of the ‘396 Patent such that an ordinary observer purchasing an Accused

Product would believe that he had purchased the patented Handstands design.

19. By reason of Autocraft’s infringing acts, Handstands has suffered damage in an

amount to be proven at trial. The harm to Handstands from Autocraft’s infringing activities is

not fully compensable by monetary damages, and Handstands will continue to suffer irreparable

harm unless Autocraft’s infringing conduct is enjoined.

20. Upon information and belief, Autocraft acted in an objectively reckless manner

with respect to Handstands’ patent rights. Upon information and belief, Autocraft has made,

sold, offered to sell, and/or imported into the United States the Accused Product knowing that it

was highly likely that its acts would infringe the Patents-in-Suit. As a result, Autocraft has

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engaged in willful infringement of the Patents-in-Suit, and Handstands is therefore entitled to

treble damages, interest, costs, and attorney’s fees in accordance with 35 U.S.C. §§ 284 and 285.

FIRST CAUSE OF ACTION

(Infringement of the ‘846 Patent)

21. Plaintiff hereby incorporates and realleges paragraphs 1-20 of this Complaint.

22. Upon information and belief, the Accused Product infringes at least one claim of

the ‘846 Patent.

23. Upon information and belief, by making, using, selling, offering for sale, and/or

importing into the United States the Accused Product, Autocraft has in the past, does now, and

continues to directly infringe, contributorily infringe, and/or induce others to infringe the claims

of the ‘846 patent literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. §

271.

24. Claim 1 of the ‘846 Patent recites:

A frictional pad in combination with an upward facing support surface of a dashboard or

consol of a vehicle upon which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and held in a non-adhesive,
non-slip, tacky fashion by the frictional pad, the frictional pad comprising:

a) top and bottom surfaces, the bottom surface having a lowermost contact surface
that is disposed on the upward facing support surface of the dashboard or console
of the vehicle;

b) a pair of opposite sidewalls extending upward on opposite sides of the pad;

c) a pair of inclined slots each formed in a different one of the pair of sidewalls
oriented at a non-perpendicular angle with respect to the pad and laterally aligned
with respect to one another;

d) the cell phone, GPS or digital music player removably disposable on and
frictionally clinging to an uppermost contact surface of the pad between the

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opposite sidewalls and substantially parallel with the pad or uppermost contact
surface thereof; and

e) the cell phone, GPS or digital music player removably disposable in the pair of
slots and held inclined with respect to the pad or uppermost contact surface
thereof by the pair of sidewalls; and

f) the pad being flexible and bending at the pair of slots to increase a width of
each of the pair of slots to receive the cell phone, UPS or digital music player
therein, and to decrease the width of each of the slots to grip the cell phone, GPS
or digital music player therein.

25. A claim chart cross referencing the elements of Claim 1 with an explanation of

the infringing aspects of the Accused Product is attached hereto as Exhibit 4 and is incorporated

by reference herein.

26. Upon information and belief, Autocraft’s customers and others are using the

Accused Product and at no time has Handstands granted Autocraft’s customers and other users of

the Accused Product permission to practice the claims of the ‘846 Patent.

27. Accordingly, Autocraft’s customers and users of the Accused Product have

infringed and are directly infringing the ‘846 Patent.

28. Upon information and belief, Autocraft knew about the ‘846 Patent at least by

way of the constructive notice of Handstands patent marking, such that Autocraft acted despite

an objectively high likelihood that its actions constituted infringement of the ‘846 Patent.

29. Upon information and belief, the packaging and/or manuals for Autocraft’s

Accused Product instruct customers and other users on how to use the Accused Product.

30. Upon information and belief, Autocraft has induced and is inducing its customers

and other users of the Accused Product to infringe claims of the ‘846 Patent.

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31. Furthermore, upon information and belief, the features provided by the Accused

Product are material to practicing the ‘846 Patent and do not have a substantial non-infringing

use.

32. Accordingly, Autocraft has contributed and is contributing to the infringement of

the ‘846 Patent.

33. By reason of Autocraft’s infringement of the claims of the ‘846 Patent alleged

herein, Handstands has suffered damage in an amount to be proven at trial. The harm to

Handstands from Autocraft’s infringing activities are not fully compensable by monetary

damages, and Handstands will continue to suffer irreparable harm unless Autocraft’s infringing

conduct is enjoined.

34. Upon information and belief, Autocraft acted in an objectively reckless manner

with respect to Handstands’ patent rights. Upon information and belief, Autocraft has made,

sold, offered to sell, and/or imported into the United States the Accused Product knowing that it

was highly likely that its acts would infringe the ‘846 Patent. As a result, Autocraft has engaged

in willful infringement of the ‘846 Patent, and Handstands is therefore entitled to treble damages,

interest, costs, and attorney’s fees in accordance with 35 U.S.C. §§ 284 and 285.

SECOND CAUSE OF ACTION

(Infringement of the ‘349 Patent)

35. Plaintiff hereby incorporates and realleges paragraphs 1-34 of this Complaint.

36. Upon information and belief, the Accused Product infringes at least one claim of

the ‘349 Patent.

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37. Upon information and belief, by making, using, selling, offering for sale, and/or

importing into the United States the Accused Product, Autocraft has in the past, does now, and

continues to directly infringe, contributorily infringe, and/or induce others to infringe the claims

of the ‘846 patent literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. §

271.

38. Claim 1 of the ‘349 Patent recites:

A frictional pad in combination with an upward facing support surface of a dashboard or

consol of a vehicle upon which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and held in a non-adhesive,
non-slip, tacky fashion by the frictional pad, the frictional pad comprising:

a) top and bottom surfaces, the bottom surface having a lowermost contact surface
that is disposed on the upward facing support surface of the dashboard or console
of the vehicle;

b) a pair of opposite sidewalls extending upward on opposite sides of the pad;

c) a pair of inclined slots each formed in a different one of the pair of sidewalls
oriented at a non-perpendicular angle with respect to the pad and laterally aligned
with respect to one another;

d) the cell phone, GPS or digital music player removably disposable on and
frictionally clinging to an uppermost contact surface of the pad;

e) the cell phone, GPS or digital music player removably disposable in the pair of
slots and held inclined with respect to the pad or uppermost contact surface
thereof by the pair of sidewalls;

f) the pair of opposite sidewalls form a portion of a perimeter wall surrounding a

majority of the pad; and

g) the perimeter wall includes a front wall with an elevational height less than an
elevational height of the pair of sidewalls.

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39. A claim chart cross referencing the elements of Claim 1 with an explanation of

the infringing aspects of the Accused Product is attached hereto as Exhibit 5 and is incorporated

by reference herein.

40. Upon information and belief, Autocraft’s customers and others are using the

Accused Product and at no time has Handstands granted Autocraft’s customers and other users of

the Accused Product permission to practice the claims of the ‘349 Patent.

41. Accordingly, Autocraft’s customers and users of the Accused Product have

infringed and are directly infringing the ‘349 Patent.

42. Upon information and belief, Autocraft knew about the ‘349 Patent at least by

way of the constructive notice of Handstands patent marking, such that Autocraft acted despite

an objectively high likelihood that its actions constituted infringement of the ‘349 Patent.

43. Upon information and belief, the packaging and/or manuals for Autocraft’s

Accused Product instruct customers and other users on how to use the Accused Product.

44. Upon information and belief, Autocraft has induced and is inducing its customers

and other users of the Accused Product to infringe claims of the ‘349 Patent.

45. Furthermore, upon information and belief, the features provided by the Accused

Product are material to practicing the ‘349 Patent and do not have a substantial non-infringing

use.

46. Accordingly, Autocraft has contributed and is contributing to the infringement of

the ‘349 Patent.

47. By reason of Autocraft’s infringement of the claims of the ‘349 Patent alleged

herein, Handstands has suffered damage in an amount to be proven at trial. The harm to

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Handstands from Autocraft’s infringing activities are not fully compensable by monetary

damages, and Handstands will continue to suffer irreparable harm unless Autocraft’s infringing

conduct is enjoined.

48. Upon information and belief, Autocraft acted in an objectively reckless manner

with respect to Handstands’ patent rights. Upon information and belief, Autocraft has made,

sold, offered to sell, and/or imported into the United States the Accused Product knowing that it

was highly likely that its acts would infringe the ‘349 Patent. As a result, Autocraft has engaged

in willful infringement of the ‘349 Patent, and Handstands is therefore entitled to treble damages,

interest, costs, and attorney’s fees in accordance with 35 U.S.C. §§ 284 and 285.

THIRD CAUSE OF ACTION

(Infringement of the ‘396 Patent)

49. Plaintiff hereby incorporates and realleges paragraphs 1-48 of this Complaint.

50. Upon information and belief, the Accused Product includes design features that

are substantially the same as the ornamental design claimed in the ‘396 Patent to an ordinary

observer giving such attention as a purchaser usually gives.

51. By making, using, selling, offering for sale, and/or importing into the United

States the Accused Product, Autocraft has in the past, does now, and continues to directly

infringe the claims of the ’396 patent in violation of 35 U.S.C. § 271.

52. By reason of Autocraft’s infringement of the claim of the ’396 Patent alleged

herein, Handstands has suffered damage in an amount to be proven at trial. The harm to

Handstands from Autocraft’s infringing activities is not fully compensable by monetary

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damages, and Handstands will continue to suffer irreparable harm unless Autocraft’s infringing

conduct is enjoined.

53. Upon information and belief, Autocraft acted in an objectively reckless manner

with respect to Handstands’ patent rights. Upon information and belief, Autocraft has made,

sold, offered to sell, and/or imported into the United States the Accused Product knowing that it

was highly likely that its acts would infringe the ‘396 Patent. As a result, Autocraft has engaged

in willful infringement of the ‘396 Patent, and Handstands is therefore entitled to treble damages,

interest, costs, and attorney’s fees in accordance with 35 U.S.C. §§ 284 and 285.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor

and award Plaintiff relief as follows:

A. A judgment that Defendant is liable to Plaintiff for infringing the claims of the

Patents-in-Suit either directly and/or by the doctrine of equivalents;

B. A judgment that Defendant is liable to Plaintiff for contributory infringement

and/or induced infringement of the Patents-in-Suit.

C. Preliminary and permanent injunctions against Defendant, its officers, agents,

servants, employees, successors, assigns and all other persons in active concert or participation

with any of them, enjoining them from directly or indirectly infringing in any manner the claims

of the Patents-in-Suit;

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D. A judgment granting Plaintiffs damages adequate to compensate it for

Defendant’s infringement of the Patents-in-Suit, including an award of Defendant’s total profits,

in amounts to be proven at trial;

E. An order finding that Defendant willfully infringed the Patents-in-Suit, that this is

an exceptional case, and award Plaintiff enhanced damages, costs, and attorney’s fees in

accordance with 35 U.S.C. § 285 or other applicable law;

F. Such other and further relief as shall seem just and proper to the Court under the

circumstances.

JURY DEMAND

Plaintiff demands that all claims and causes of action raised in this Complaint be tried to a

jury to the fullest extent possible under the United States and Utah Constitutions.

DATED this 28th day of March, 2018. THORPE NORTH & WESTERN LLP

/s/ Peter M. de Jonge

Peter M. de Jonge
Jed H. Hansen
Kurtis M. Hendricks

Attorneys for Handstands Promo, LLC

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Exhibit 1
 Case 2:18-cv-00267-BCW Document 2-1 Filed 03/28/18 Page 2 of 19
USOO8490846B1

(12) United States Patent (10) Patent No.: US 8.490,846 B1

Wheatley et al. (45) Date of Patent: Jul. 23, 2013
(54) FRICTIONAL HOLDING PAD WITH 4,026,033. A 5, 1977 Martin
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(75) Inventors: Alan J. Wheatley, Draper, UT (US); P:95, 3. MMaster
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(US) 4,817,139 A 3, 1989 Russo
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e - V.9 (Continued)

(51) Eok" on 2006.O1 FOREIGN PATENT DOCUMENTS

(52) U.S. Cl ( .01) WO WO O2/35.975 5, 2002
AV e. we ZA 20004637 9, 2000
USPC ............ 224/483; 224/277; 224/278; 224/571
(58) Field of Classification Search OTHER PUBLICATIONS
USPC ............ 224/483, 277,278,929, 571; 108/43, General Electric “Friction Pad Kit' Instructions Field Made for
108/44; 296/97.3, 97.7, 97.9; 428/40.1, 41.3, MPD, MPD Friction Pad; Aug. 19, 1988.
428/42.1, 156, 158, 160, 192, 194,922 Crown Products 2002 (www.crownprod.com).
See application file for complete search history.
(Continued)
(56) References Cited
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The padd can also
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d
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Na sale
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2zezalez ZZZZZAZZIZZZZYZZ2
68 54 22
 Case 2:18-cv-00267-BCW Document 2-1 Filed 03/28/18 Page 3 of 19

US 8,490,846 B1
Page 2

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2004/OO84492 A1* 5/2004 Wheatley ...................... 224/483 U.S. Appl. No. 12/979,609, filed Dec. 28, 2010; Alan J. Wheatley.
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2010, 0001151 A1 1/2010 Wheatley * cited by examiner
 Case 2:18-cv-00267-BCW Document 2-1 Filed 03/28/18 Page 4 of 19

U.S. Patent Jul. 23, 2013 Sheet 1 of 7 US 8,490,846 B1

Fig. 3 68 54 22
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U.S. Patent Jul. 23, 2013 Sheet 2 of 7 US 8.490,846 B1

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U.S. Patent Jul. 23, 2013 Sheet 3 of 7 US 8,490,846 B1

22

1O
Fig. 6

o
/;
22 68
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U.S. Patent Jul. 23, 2013 Sheet 4 of 7 US 8,490,846 B1

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U.S. Patent US 8,490,846 B1

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U.S. Patent Jul. 23, 2013 Sheet 6 of 7 US 8,490,846 B1

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US 8,490,846 B1
1.
FRCTIONAL HOLDING PAD WITH
INCLINED GRIP
RELATED APPLICATION(S)
This is related to U.S. patent application Ser. No. 12/205,
059, filed Sep. 5, 2008, (US Patent Publication No. 2009
0004420); which is a continuation of U.S. patent application
Ser. No. 1 1/264,669, filed Oct. 31, 2005, which is a continu
ation-in-part of U.S. patent application Ser. No. 1 1/021,560,
filed Dec. 22, 2004 (now U.S. Pat. No. 7,252,867): which is a
continuation-in-part of U.S. patent application Ser. No.
10/684,008, filed Oct. 10, 2003 (now U.S. Pat. No. 7,125,
602); which is a divisional of U.S. patent application Ser. No.
10/209,948, filed Jul.30, 2002 (now U.S. Pat. No. 6,673.409);
which claims benefit of U.S. Provisional Patent Application
Nos. 60/308,955, filed Jul. 31, 2001, and 60/344,571, filed
Dec. 28, 2001; which are all incorporated herein by reference
in their entireties and for all purposes.
This is related to U.S. patent application Ser. No. 12/979,
690, filed Dec. 28, 2010; which claims benefit of U.S. Provi
sional Patent Application Nos. 61/371,853, filed Aug. 9.
2010, and 61/290,615, filed Dec. 29, 2009; which are all
incorporated herein by reference in their entireties and for all
purposes.
This is related to U.S. patent application Ser. No. 12/545,
248, filed Jan. 7, 2010; which is herein incorporated by ref
erence in its entirety and for all purposes.
BACKGROUND
1. Field of the Invention
The present invention relates generally to africtional pad to
be disposed to an upwardly facing Support Surface, such as a
vehicle dashboard or console, and to receive a portable hand
held electronic device, such as a cell phone, GPS or digital
music player, thereon to Substantially retain the portable
handheld device on the upwardly facing Support Surface.
2. Related Art
Frictional holding pads have been developed for placing on
a horizontal surface to hold and retain a handheld item. Some
pads are simply a sheet of rubber or rubber-like material.
Others are simply a sheet of rubber-like material with a matrix
of apertures therethrough. Other pads are tacky with a con
toured surface and can cling to a dashboard and hand held
device by mechanical or specific adhesion. For example, see
U.S. Pat. Nos. 6,673,409; 7,125,602 and 7,252,867; and U.S.
Patent Publication No. 2009-0004420. Other devices provide
a tray or container for receiving items with guard rails with
cord slots therethrough. For example, see the Max GripTM
Dash Tray.
Other pads have been developed for placing on the hand
held item itself. For example, see Egrips(R) anti-skid silicon
skins or appliqués; GripNStay(R) adhesive grips; Grip-It
Strips(R slip resistant textured strips with self adhesive back
ing: US Patent Publication Nos. 2006-0198978; 2006
O154029; 2005-0271847; and U.S. Pat. No. 6,117,526. See
also U.S. Pat. Nos. 4,986,496; 5,508,084; 6,372,323 and
6,610,382. Stickers or decals have been developed that can be
applied to cellphones. For example, see CellGellsTM adhesive
decals. Another pad has been developed that is tacky and
clings to the handheld item. For example, see Gadget Grips(R)
frictional pads by HandStands(R and US Patent Publication
No. 2006-0121250.
Still other devices have been developed to secure items,
such as a GPS, in a vehicle. The GPS navigation systems are
often provided with a mount to hold the system, which has a
2
viewing screen, in a Suitable position for viewing while driv
ing. Various mounting systems have been proposed, includ
ing a Suction cup that holds by Suction to the windshield or
dash. In some locals it is illegal to mount object to the wind
shield. In addition, such mounting can interfere with normal
vision through the windshield. It is also possible to mount the
Suction cup on the vehicle dashboard or consol, but such
surfaces are often contoured or provided with functional and
decorative items that interfere with the operation of the suc
10 tion cup. An adhesive plate is also sometimes provided that
can be adhesively applied to the dash, and that can receive the
Suction cup. It may, however, be undesirable to us an adhesive
on the dashboard as Such adhesive can leave a residue or
remove dash covering. Another option is a device that holds a
15 plate in place by use of several weighted ballasts. Such
devices can be bulky and unsightly. Still other devices can
provide a plate or other mount secured to the dash by specific
or mechanical adhesion. See for example Sticky Pad GPS
Dash Mount from HandStands(R and US Patent Publication
No. 2010-OOO1151.
SUMMARY OF THE INVENTION
It has been recognized that it would be advantageous to
25 develop a frictional holding pad to selectively secure an item,
such as a handheld electronic device (e.g. a cellphone, GPS or
digital music player) to a Support Surface (e.g. a dashboard or
console of a vehicle) to secure the item in the vehicle, even
during movement of the vehicle. In addition, it has been
30 recognized that it would be advantageous to secure the item in
Such a way as to resist marring or damage or alteration to the
support surface. Furthermore, it has been recognized that it
would be advantageous to secure the item in Such a way
without modifying the item. In addition, it has been recog
35 nized that it would be advantageous to secure the item with
the pad such that the pad remains on the Support Surface while
the item is releasably held or secured to the pad. In addition,
it has been recognized that it would be advantageous to secure
the item at an incline for improved viewing.
40 The invention provides a frictional pad in combination
with an upward facing Support Surface of a dashboard or
consol of a vehicle upon which the frictional pad is disposed
and upon which a cell phone, GPS or digital music player is
selectively disposed and held in a non-adhesive, non-slip,
45 tacky fashion by the frictional pad. The pad includes top and
bottom surfaces. The bottom surface has a lowermost contact
Surface that is disposed on the upward facing Support Surface
of the dashboard or console of the vehicle. A pair of opposite
sidewalls extends upward on opposite sides of the pad. A pair
50 of inclined slots is each formed in a different one of the pair of
sidewalls and oriented at a non-perpendicular angle with
respect to the pad and laterally aligned with respect to one
another. The cell phone, GPS or digital music player is
removably disposable on and frictionally clings to an upper
55 most contact surface of the pad between the opposite side
walls and substantially parallel with the pad or uppermost
contact surface thereof. The cellphone, GPS or digital music
player is also removably disposable in the pair of slots and
held inclined with respect to the pad or uppermost contact
60 surface thereof by the pair of sidewalls.
In addition, the invention provides a frictional pad in com
bination with an upward facing Support Surface of a dash
board or consol of a vehicle upon which the frictional pad is
disposed and upon which a cell phone, GPS or digital music
65 player is selectively disposable and held in a non-adhesive,
non-slip, tacky fashion by the frictional pad. The pad includes
top and bottom surfaces. The bottom surface has a lowermost
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contact Surface that is disposed on the upward facing Support
surface of the dashboard or console of the vehicle. A poly
urethane squat dome is affixed to the top surface of the pad
and has a continuous outward facing Surface with a majority
being continuous, Smooth and parallel with the pad or upper
most contact surface and extends higher than the uppermost
contact surface. The dome is translucent or transparent. A
graphic layer is disposed behind and is visible through the
dome. The cellphone, GPS or digital music player removably
is disposed on and frictionally clings to the uppermost contact
Surface of the pad and the continuous outward facing Surface
of the squat dome.
Furthermore, the invention provides a frictional pad in
combination with an upward facing Support Surface of a dash
board or consol of a vehicle upon which the frictional pad is
disposed and upon which a cell phone, GPS or digital music
player is selectively disposed and held in a non-adhesive,
non-slip, tacky fashion by the frictional pad. The frictional
pad includes top and bottom Surfaces. The bottom Surface has
a lowermost contact surface that is disposed on and friction
ally clings to the upward facing Support Surface of the dash
board or console of the vehicle. At least a substantial portion
of the top surface is a contoured top surface with a plurality of
separate and discrete indentations extending into the pad and
having an uppermost contact surface. A polyurethane squat
dome is affixed to the top surface of the pad and has a con
tinuous outward facing Surface with a majority being continu
ous, Smooth and parallel with the pad or uppermost contact
Surface and extending higher than the uppermost contact
Surface. The dome is translucent or transparent. A graphic
layer is disposed behind and is visible through the dome. A
pair of opposite sidewalls extends upward on opposite sides
of the pad. A pair of inclined slots is each formed in one of the
pair of sidewalls at a non-perpendicular angle with respect to
the pad and laterally aligned with respect to one another. The
cellphone, GPS or digital music player is removably dispos
able on and frictionally clings to the uppermost contact Sur
face of the pad and the continuous outward facing Surface of
the squat dome between the opposite sidewalls and Substan
tially parallel with the pad or uppermost contact Surface
thereof. The cell phone, GPS or digital music player is also
removably disposable in the pair of slots and held inclined
with respect to the pad or uppermost contact surface thereof
by the pair of sidewalls. The lowermost contact surface
between the upward facing support surface of the dashboard
or console of the vehicle and the pad has a substantially
greater Surface area than the uppermost contact Surface
between the item and the pad.
BRIEF DESCRIPTION OF THE DRAWINGS
Additional features and advantages of the invention will be
apparent from the detailed description which follows, taken
in conjunction with the accompanying drawings, which
together illustrate, by way of example, features of the inven
tion; and, wherein:
FIG. 1 is a perspective view of a frictional holding pad in
accordance with an embodiment of the present invention;
FIG. 2 is a side of the frictional holding pad of FIG. 1;
FIG. 3 is a cross-sectional side view of the friction holding
pad of FIG. 1;
FIG. 4 is a top view of the frictional holding pad of FIG. 1;
FIG. 5 is a front view of the frictional holding pad of FIG.
1;
FIG. 6 is a bottom view of the frictional holding pad of FIG.
1;
FIG. 7 is a perspective view of a squat dome of the fric
tional holding pad of FIG. 1;
FIG. 8 is a detailed partial cross-sectional side view of the
frictional holding pad of FIG. 1;
FIG. 9 is a top view of the frictional holding pad of FIG. 1
shown with an item, namely a cell phone, disposed thereon;
FIG. 10 is a cross-sectional side view of the frictional
holding pad of FIG. 1 shown disposed on an upward facing
Support Surface, namely of a dashboard or console of a
10 vehicle, and shown with an item, namely a cell phone, dis
posed thereon;
FIG. 11 is a perspective view of the frictional holding pad
of FIG. 1 shown with an item, namely a cell phone, held
upright at an incline thereon;
15 FIG. 12 is front view of the frictional holding pad of FIG.
1 shown with an item, namely a cellphone, held upright at an
incline thereon;
FIG. 13 is a side view of the frictional holding pad of FIG.
1 shown with an item, namely a cellphone, held upright at an
incline thereon;
FIG. 14 is a side view of the frictional holding pad of FIG.
1 shown disposed on an upward facing Support Surface,
namely of a dashboard or console of a vehicle:
FIG. 15 is a side view of the frictional holding pad of FIG.
25 1 shown with an item, namely a cellphone, held upright at an
incline thereon;
FIG. 16 is a top view of another frictional holding pad in
accordance with another embodiment of the present inven
tion; and
30 FIG. 17 is a cross-sectional side view of the frictional
holding pad of FIG. 16.
Reference will now be made to the exemplary embodi
ments illustrated, and specific language will be used hereinto
describe the same. It will nevertheless be understood that no
35 limitation of the scope of the invention is thereby intended.
DETAILED DESCRIPTION OF EXAMPLE
EMBODIMENT(S)
40 As illustrated in FIGS. 1-15, a frictional holding pad, indi
cated generally at 10, in an example implementation in accor
dance with the invention is shown disposed on or adhered on
an upward facing Support Surface 18, Such as a dashboard or
console or armrest of a vehicle, and upon which an item, Such
45 as a handheld portable electronic device 14, is selectively
disposed and held in a non-adhesive, non-slip, tacky fashion
to retain the device thereon and/or selectively held in an
upright, inclined orientation for improved viewing. The hand
held portable electronic device 14 can be, for example, a
50 so-called “smartphone.” or cellphone that combines various
features or functions, include a map or global positioning
system (GPS). Such a smart phone can be held on the pad
itself for use as a phone, or to simply be held during driving,
and held upright to be used with its map or GPS feature.
55 In addition, the handheld portable electronic device 14 can
be a cellphone; a digital music player (MP3 player, IPodR) or
the like) or other digital music player, a gaming device (Nin
tendo(RDS: PSPR; etc.); a camera; a global positioning sys
tem (GPS) system; a remote control; a personal digital assis
60 tant (PDA); a radio; a two-way radio; a citizens band radio; a
walkie-talkie; a video recorder, a cassette player and/or
recorder; a mini-cassette recorder; a DVD player; a portable
television; a digital camera; a video camera; a portable com
puter (laptop computer, IPadR, or the like); a radar detector;
65 an e-book or e-reader (Kindle R, NookR, IPadR, Sony
Reader'TM, or the like), etc. Other items may also be retained
on the frictional pad, Such as writing implements, such as a
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5 6
pen or pencil, eyeglasses, Sun glasses, change or coins, note
pad, parking ticket or receipt, etc. It will be appreciated that
the handheld portable electronic device can combine various
features or aspects of those listed above. It will be appreciated
that other items can be selectively secured to the pad 10.
The upward facing support surface 18 can be a dashboard
or console or armrest (and Such terms are used interchange
ably herein) of a vehicle. The upwardly facing support surface
faces generally upwardly, and can be inclined or horizontal,
and can be flat or curved in one or more directions. The
upward facing Surface can be mobile or displaceable, and
Subject to acceleration (and deceleration and/or centripetal
force), and/or impact or bumps, such as a vehicle Surface.
Movement, momentum and/or acceleration or changes
therein can be transferred from the upward facing surface to
the item or handheld portable electronic device through the
frictional pad. The pad 10 can be tacky to cling to the support
Surface by mechanical and/or specific adhesion without the
use of chemical adhesives; or can be adhered to the upward
facing Support Surface 18; and can receive the electronic
device thereon. The support surface 18 can be arcuate in one
or more directions, or it can be flat and straight. It will be
appreciated that the pad can be disposed on other Surfaces.
The frictional holding pad 10 has top and bottom surfaces
which can be opposite and substantially parallel with one
another. The bottom surface can have a lowermost contact
Surface 22 that is disposed on and grips the Support Surface 18.
The bottom surface or lowermost contact surface 22 of the
pad 10 can be “tacky, such that the pad 10 or lowermost
contact surface 22 tends to cling to the support surface 18,
Such as by mechanical and/or specific adhesion, as opposed to
a chemical adhesive.
Similarly, the top surface can have an uppermost contact
Surface 26 that contacts and grips the item of handheld elec
tronic device 14, as shown in FIGS. 9 and 10. The top surface
or uppermost contact surface 26 of the pad 10 can be “tacky.”
such that the pad 10 or uppermost contact surface 26 tends to
cling to the item or device 14, Such as by mechanical and/or
specific adhesion, as opposed to chemical adhesive. The
uppermost contact surface 26 holds the item or device 14
securely in place, despite movement of the Support Surface,
such as due to movement of the vehicle.
In one aspect, the lowermost contact Surface 22 can be
Smooth and flat, and can have a shiny appearance, as shown in
FIG. 6. In addition, the top surface, or a substantial portion
thereof, can be contoured or textured to be a contoured or
textured top surface with a plurality of indentations and/or
protrusions. The contoured top surface can have a plurality of
separate and discrete indentations 30, Such as an array of
elongated, straight channels or grooves, as shown in FIGS. 1
and 4, defining one or more protrusions 34 or ribs therebe
tween, and the uppermost contact surface 26 therebetween.
The uppermost contact surface 26 or the tops of the protru
sions or ribs can be flat between the indentations 30. The
contour or texture of the top Surface creates an uppermost
surface 26 on the top(s) of the protrusion(s)34 or between the
indentations 30 that contact the item or device 14. The low
ermost contact surface 22 can be Smoother than the upper
most contact Surface 26. The uppermost contact surface 26
thus has less surface area in contact with the item or device 14
than the lowermost contact surface 22 has in contact with the
Support Surface 18. Thus, a greater clinging force exists
between the pad 10 and the support surface 18 than between
the pad 10 and the item or device 14. In other words, the
lowermost contact surface 22 can have a greater Surface area
between the pad 10 and the support surface 18 than a surface
area of the uppermost contact surface 26 between the pad 10
and the item or device 14.
In another aspect, the lowermost contact surface can be
contoured; while still having a greater Surface area than an
uppermost contact Surface. The greater Surface area of the
lowermost contact Surface 22 can have or can provide a
greater Surface area in contact with the Support Surface 18 to
10
provide a greater frictional engagement or grip with the Sup
port surface than with the item or device. The less surface area
of the uppermost contact Surface 26 can have or can provide
less surface area in contact with the item or device 14 to
provide less frictional engagement or grip with the item or
15 device. Thus, the pad 10 remains on the support surface 18
when the item or device 14 is removed, rather than removing
the pad from the support surface while the item or device is
removed from the pad. The contours or texture of the top
Surface reduces the Surface area of the uppermost contact
surface 26 in contact with the item or device 14 disposed
thereon. Thus, the item or device 14 can be removed from the
pad 10 without the pad sticking to the item or being removed
from the support surface 18. In addition, the item or device 14
can be Smaller than the pad itself, thus also contributing to less
25 Surface contact between the uppermost contact surface 22 and
the item or device 14.
In another aspect, the contoured or textured top surface can
have protrusions and/or indentations that can be rounded or
curvilinear to form a more gradual transition between the
30 protrusions and indentations, and create a contour on the top
Surface that is wavy or with a more natural appearance, cre
ating a leather-like texture that can match the support surface.
The contour or texture, or the protrusions and/or indenta
tions, can extend at least Substantially across the top Surface
35 of the pad, as shown in FIGS. 1 and 4. Thus, the contour or
texture extends into an interior region of the pad. The con
toured or textured top Surface defines an item receiving area
where the item or device can be placed. The item receiving
area thus extends at least Substantially across the top of the
40 pad. The contour or texture can be disposed on a majority of
the top surface.
In one aspect, the pad, and thus the uppermost and lower
most contact Surfaces, can be formed of or can include an
expanded vinyl material or a polyurethane material to provide
45 a "tacky' quality or cling. In another aspect, the pad can be
adhered to the support surface. The frictional pad can include
an adhesive film adhered to the upward facing Support Sur
face. The adhesive can be selected to provide sufficient adhe
sion between the pad and the Support Surface without un
50 deliberately separating, or with only deliberately separating
by the user. The adhesive can also be selected so that the pad
can be removed if desired. Thus, the adhesive film can include
a releasable and repositionable adhesive, as opposed to a
permanent adhesive. The adhesive film can use a chemical
55 adhesive, and can be a repositionable adhesive film (Such as
ControltacTM adhesive film by 3MTM) that releasably and
repositionably adheres to the upward facing Support Surface.
A strength of the adhesive bond between the adhesive film
and the Support Surface can be greater than a tacky cling
60 between the uppermost contact surface of the pad and the item
or device. Thus, the pad remains on the Support Surface while
the item or device is removed from the pad and support
surface. In addition, the contact surface between the adhesive
layer of the pad and the Support Surface can be greater than the
65 uppermost contact Surface of the pad contacting the item or
device to further retain the pad on the support surface as the
item or device is removed from the pad and Support Surface.
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The pad 10 can have a perimeter wall 38 extending upward
from the pad above, or to an elevational height higher than,
the top surface or uppermost contact surface 26. The perim
eter wall 38 can extend upwardly from a perimeter of the pad,
or near a perimeter of the pad, and can Surround a majority of
the pad. The wall 38 and top surface therebetween can create
a cavity or a pocket to receive the item or device 14, as shown
in FIGS. 9 and 10. The perimeter wall can be at or near the
perimeter of the pad with a portion of the pad extending
beyond the perimeter to form a perimeter flange 40 circum
scribing the perimeter wall. The flange 40 can help maintain
the wall upright. The perimeter wall 38 can be formed inte
grally with and at the same time as and with the same material
as the pad. The pad 10 or perimeter wall 38 can include a pair
of opposite sidewalls 42a and 42b extending upward from the
pad or top Surface on opposite sides of the pad. The pad can
have a rectangular shape with narrower front and rear ends
and longer lateral sides; and the sidewalls can be formed on
the longer lateral sides. In addition, the pad or perimeter wall
can include a front wall 46 that can be shorter than the side
walls, or that can have an elevational height less than that of
the sidewalls. The sidewalls can have an elevational height of
approximately 0.6-0.8 inches above the pad or uppermost
contact Surface or top surface. The front wall can have an
elevational height of approximately 0.1-0.3 inches. The walls
can have a thickness of approximately 0.15-0.35 inches. The
elevational height of the walls can transition gradually oratan
angle between the front wall and the sidewalls along the front
of the sidewalls so that the sidewalls have a variable or
increasing height from the front wall to approximately an
intermediate point along a length of the sidewalls.
A pair of slots 50a and 50b can beformed in the respective
sidewalls 42a and 42b, or each in a different one of the pair of
sidewalls. The slots can be located intermediate the length of
the sidewalls, such as midway along the sidewalls and mid
way along the pad, and can be located at the greatest eleva
tional height of the sidewalls. In addition, the slots 50a and
50b can be angled or inclined at a non-perpendicular angle
with respect to the pad or top Surface or uppermost contact
Surface, and can be inclined slots. Furthermore, the slots can
be laterally aligned with respect to one another across the pad
and oriented in the same direction. The incline can slope
rearwardly and upwardly. In one aspect, the slots can be
inclined with respect to the pad or top surface or uppermost
contact Surface between 45 and 85 degrees. In another aspect,
the slots can be inclined with respect to the pad or top surface
or uppermost contact Surface at approximately 80 degrees.
The slots can have a width of approximately 0.4 inches. In
addition, a rear wall or forward facing wall of the slots can
have a plurality of teeth or ribs 54 vertically arrayed or
spaced-apart vertically and extending laterally. The teeth or
ribs can face into the slots. The teeth or ribs can be integrally
formed with and of the same material as the wall.
The item or device 14 can be removably griped or held by
the pad in at least two different configurations. In one con
figuration, the item or device 14 can be removably disposed
on the uppermost contact Surface 26 of the pad, and can
frictionally cling thereto, between the sidewalls 50a and 50b,
as shown in FIGS. 9 and 10. In this configuration, the item or
device. Such as a cellphone, can be disposed and held for use
when needed, or held securely while driving a vehicle. In
addition, the item or device 14 can rest on the pad and can be
Substantially parallel with the pad or uppermost contact Sur
face. In another configuration, the item or device 14 can be
removably disposed in the pair of slots 50a and 50b, as shown
in FIGS. 11-13. Thus, the sidewalls 42a and 42b hold the item
or device 14 on opposite sides thereof and at an incline with
respect to the pad or the uppermost contact surface. In this
configuration, the item or device. Such as a cell or Smart
phone, can be held so that a screen or display is oriented for
better viewing. Such as to display a map or GPS system. As
5
described above, the device can be held at an angle of between
45 and 85 degrees with respect to the pad. Thus, the width of
the slots can match a width of the device, or can be slightly
smaller or less to create an interference fit or press fit to
physically grip the device. In addition, the teeth or ribs 54 can
10
engage the device and can assist in physically griping or
holding the device in the upright or inclined orientation. The
lower or shorter front wall 46 allows the screen or display of
the device to be viewed. Furthermore, the material of the
15 sidewalls facilitates a frictional grip with the device while
also resisting marring of the device.
The pad 10 can be flexible and capable of bending (indi
cated in FIGS. 14 and 15) to conform to curves or details in
the support surface 18, and to accommodate the device 14 in
the slots 50a and 50b. Thus, the pad can bend at the pair of
slots to increase a width of the pair of slots to receive the item
or device, and to decrease the width of the slots to grip the
item or device, as shown in FIG. 15. The frictional holding
pad 10 also can have a planer configuration and can be used on
25 planar surfaces. The frictional holding pad 10 can be provided
in an original planar configuration, and can be supported by a
paper or paperboard backing or release layer. The release
layer may be stiffer than the pad to maintain the pad in a
planarconfiguration. In addition, the release layer can include
30
indicia thereon, such as instructions for use and care of the
pad. The release layer can include a tab protruding therefrom
beyond a perimeter of the pad 10 to facilitate removal of the
release layer from the pad. Upon removal of the release layer,
the pad 10 is flexible to enable conformity with a wide array
35
of curved surfaces. In addition, removal of the release layer
exposes the lower surface 22 of the pad to be disposed on the
Support Surface. A removable wrapper can be formed around
the pad 10 and the backing layer to protect the pad prior to use.
40 The wrapper and backing layer can be removed prior to
placing the pad on the Support Surface.
The pad 10 and walls can be formed of or can include
molded polyurethane material. It has been found that the
polyurethane material provides a good frictional or “tacky'
45 quality that remains disposed on the Support Surface, and that
retains the item or device thereon. In addition, it has been
found that Such a polyurethane material typically can be
disposed on the Support Surface 18 without marring or other
wise chemically interfering with the material of many Sur
50 faces, such as vehicle dashboards. It will be appreciated that
many Surfaces. Such as a vehicle dashboard, have a finished
Surface configured to be aesthetically pleasing and luxurious.
Such surfaces can be formed of a plastic or leather material,
and can be expensive to replace or repair. In addition, it will be
55 appreciated that some surfaces are Subjected to extreme con
ditions, such as heat and Sunlight. It has been found that the
polyurethane material not only provides the required reten
tion of objects and fixed relationship with the surface, but also
typically does so without chemically interacting with the
60 material of Surface, or otherwise damage the Surface.
The polyurethane material of the frictional holding pad 10
forms a temporary non-chemical bond with both 1) the item
or device 14 stored on the uppermost contact Surface, and 2)
the support surface. The pad 10 can be removed from the
65 Support Surface without leaving behind any residue and with
out damaging the pad. In this manner the pad 10 can be easily
moved to any location the user desires. Because the pad is
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made from a polyurethane material, it can be easily cleaned
with Soap and water, and still retain its tackiness, and is thus
reusable.
In addition, the pad, and thus the polyurethane material,
can be translucent or transparent. Thus, Surface details on the
support surface can be viewed or are visible through the pad.
The translucent or transparent nature of the pad can make the
pad blend-in or match the support surface because of the
Surface details showing through the pad. If the pad is trans
lucent, it can also include a light coloring. Such coloring can
help visually distinguish the pad from the Support Surface.
Thus, a translucent pad can both blend with the surface while
still being visually distinguishable therefrom. The pad also
can include indicia formed thereon. The indicia can be
formed on the bottom surface of the pad and still be visible
because the pad is translucent or transparent. Forming the
indicia on the bottom Surface of the pad can also protect the
indicia from wear or removal.
In one aspect, as described above, the pad can have an
adhesive film. The adhesive and/or the adhesive film can be
Substantially transparent, or at least translucent, so that the
Support Surface can be visible through the pad, including the
adhesive. The adhesive and/or adhesive layer can be a remov
able 3M ControltacTM adhesive. The adhesive film can be
disposed on a substrate. The substrate can also be a film. In
one aspect, the Substrate can be substantially non-absorbent.
The Substrate can provide a surface, such as an upper Surface
opposite the adhesive that can be printable. In addition, the
Substrate can be substantially transparent, or at least translu
cent, so that the Support Surface can be visible through the
pad. The substrate can be a printed 3M Graphics Vinyl. Alter
natively, the substrate can be a polyester film. The substrate
can be any laminated (non-porous) Substrate, including: PP,
PVC, PETABS, polyester, regular sticker paper, vinyl, or tin
metal (foil). Alternatively, the substrate can be other films
with other characteristics, such as reflective, metal shine,
textured, etc.
In addition, the indicia can be formed on the top or the top
Surface of the pad. In one aspect, the pad can include a
printable portion or section that can be flat and separate from
the contoured or textured section. In another aspect, the pad
can include an insert 60 Such as a polyurethane squat dome 64
adhered to or otherwise affixed to the tope surface of the pad.
For example, the dome 64 can be adhered with an adhesive
film as described above. The dome can be disposed within the
perimeter wall 38, and visible over the shortened front wall
46. In addition, the dome 64 can be disposed in a recess 68 or
indentation in the top surface of the pad. The dome can have
a broad, flat, squat shape with an upward facing or outward
facing or outfacing Surface 72 that faces and can contact the
item or device 14. A majority, or essentially all, of the outward
facing Surface can be continuous and Smooth and parallel
with the pad or uppermost contact surface. In addition, the
outward facing surface can be flat or substantially flat. Fur
thermore, the outward facing Surface can be surrounded by a
radius perimeter. Thus, the perimeter of the outward facing
Surface curves toward the pad. In one aspect, all of the out
ward facing Surface 72 can be flat and Smooth and continuous
between the radiused perimeter. The dome and/or outward
facing Surface can be tacky to cling to the item or device. Such
as by mechanical or specific adhesion. Furthermore, the dome
can be substantially transparent, or at least translucent, so that
the support surface can be visible through the pad and the
dome. The dome can be formed of polyurethane.
The dome 64 or the outward facing surface 72 thereof can
also provide a non-slip Surface or contact point that can
engage the item or device 14 and retain it on the outward
10
facing surface of the pad, as shown in FIG. 10. Thus, the
outward facing Surface 72 can be sufficiently tacky to cling to
the item or device 14. The tackiness of the outward surface
can be obtained through various factors, which can include
material, hardness/softness, and coefficient of friction. As
described above, the dome can be formed of polyurethane.
The polyurethane can be formed by combining a polyol with
a catalyst or hardener. In one aspect, the ratio of polyol to
catalyst can be between 0.63 to 0.85 in one aspect, and
10 between 0.63 to 0.75 in another aspect, so that there is more
polyol than catalyst. Typical polyurethane is obtained by
mixing polyol and catalyst in a 1:1 ratio. In addition, in one
aspect, the outward facing Surface 72 or dome 64 can have a
hardness between 10 and 35 Shore D. In another aspect, the
15 outward facing Surface 72 or dome 64 can have a hardness
between 12 and 21 Shore D. In another aspect, the outward
facing surface 72 or dome 64 can have a hardness between 12
and 18 Shore D. Other non-tacky stickers or decals typically
can have a hardness of 60 Shore D or harder. Furthermore, the
outward facing surface 72 can have a coefficient of friction of
between 0.3 and 0.1 in accordance with ASTM D 1894.
The dome 64 can includean adhesive film 76 adhered to the
top surface of the pad. The adhesive can be selected to provide
sufficient adhesion between the dome and the pad. The adhe
25 sive film can use a chemical adhesive that adheres to the top
surface of the pad. In addition, the adhesive and/or the adhe
sive film can be substantially transparent, or at least translu
cent, so that the Support Surface can be visible through the
pad. The adhesive film 76 can be disposed on a substrate 80.
30 The substrate 80 can also be a film. In one aspect, the substrate
can be substantially non-absorbent. The substrate can provide
a surface, such as an upper surface opposite the adhesive that
can be printable. In addition, the substrate can be substan
tially transparent, or at least translucent, so that the Support
35 surface can be visible through the pad. The substrate can be a
printed 3M Graphics Vinyl. Alternatively, the substrate can be
a polyester film. The Substrate can be any laminated (non
porous) substrate, including: PP, PVC, PET, ABS, polyester,
regular Sticker paper, vinyl, or tin metal (foil). Alternatively,
40 the substrate can be other films with other characteristics,
Such as reflective, metal shine, textured, etc.
A graphic layer 84 can be disposed behind the dome 64 and
visible through the dome. Thus, the graphic layer 84 can be
disposed between the pad 10 or top surface (or adhesive film)
45 and the dome 64, or between the substrate 80 and the dome
64. The graphic layer can include ink disposed on or printed
on the Substrate. For example, the graphic layer can be an
aqueous based inkjet ink. The graphic layer can include indi
cia, Such as a logo, a picture, etc. In addition, the graphic layer
50 can include directions for use, orientation, care, etc. Further
more, the graphic layer can be or can include other inclusions,
as described in greater detail below. The graphic layer 84 can
be visible through the dome 64. The graphic layer and/or
inclusion can be smaller or can have a smaller size than the
55 Substrate and dome Such that the graphic layer and inclusion
are surrounded by a perimeter of the dome and substrate.
Furthermore, the dome 64 or outward facing surface 72
thereof can be parallel with the pad or uppermost contact
Surface, and can extend higher that the uppermost contact
60 surface of the pad. Thus, the item or device 14 can have two
points of contact, one with the outward facing surface 72 of
the dome 64, and another with the uppermost contact surface
26 of the pad.
As discussed above, the dome or outward facing Surface
65 can have a radius perimeter. The dome can be made by pour
ing the polyurethane material on top of the Substrate and
graphic layer to form the dome. Thus, the radius perimeter is
 Case 2:18-cv-00267-BCW Document 2-1 Filed 03/28/18 Page 16 of 19
US 8,490,846 B1
11
obtained by individual pouring each pad or dome, without
stamping or cutting the pads from a continuous layer. The
graphic layer can be printed on the Substrate having the adhe
sive film opposite the graphic layer. The graphic layer can be
a discrete graphic contained within the dome, as opposed to a
continuous graphic.
In use an item or device 14 can be releasably secured on a
Support Surface 18, Such as a dashboard or console of a
vehicle, without marring or altering the Support Surface. The
pad 10 is placed on the support surface 18 with the lowermost
contact Surface 22 of the pad contacting and frictionally cling
ing to the support surface. Alternatively, the adhesive film of
the pad can be adhered to the Support Surface in a desired
location. The item or device 14 is removably placed on the
uppermost contact Surface 26 of the pad with the uppermost
contact surface of the pad frictionally clinging to the item or
device. The item or device 14 is removably placed in the pair
of slots 50a and 50b of the pair of walls 42a and 42b, and held
in an inclined orientation with respect to the pad. The item or
device 14 can be removed from the uppermost contact Surface
26 of the pad and/or the pair of slots 50a and 50b of the pad
while the pad remains on the Support Surface. In addition, the
Support Surface can be viewed through at least a portion of the
pad that is at least translucent.
As described above, the pad can also include a contoured or
textured bottom surface. Such a pad can have different top and
bottom surfaces. Also as described above, the contoured or
textured top Surface can have an uppermost contact Surface
that is less than a lowermost contact surface the bottom Sur
face. The contoured or textured bottom surface can include a
plurality of protrusions and/or indentations similar to the top
surface. The protrusions and indentations of the bottom sur
face can be similar to those of the top surface, but can provide
a lowermost contact Surface to contact and frictionally cling
to the support surface. The lowermost contact surface of the
bottom Surface can have a greater Surface area than the upper
most contact surface of the top Surface. For example, the
protrusions of the bottom Surface can be larger than the pro
trusions of the upper surface. Or the indentations of the bot
tom Surface can be larger than the indentations of the top
Surface. Or the top surface can have more indentations than
the bottom surface.
Also as described above, the pad, any adhesive on the
bottom of the pad, the dome, an adhesive and any substrate
between the dome and the pad, can be translucent or trans
parent, or have at least a portion that is at least translucent.
Thus, the support surface or features thereof can be visible
through the pad so that the pad blends-in with the support
surface. The pad can formed of polyurethane, which has been
found to provide both tackiness and transparency/translu
cency, without marring most vehicle Surfaces.
Also as described above, indicia can be formed on the top
surface of the pad, the bottom surface of the pad, or between
the pad and the dome. The indicia can include: a logo, an
advertisement, an instruction, a promotion, a company name,
and a product name. The top Surface can include a flat section
354 that is flat, and upon which the indicia 350 can be dis
posed. In addition, the top Surface can include a remaining
section, laterally adjacent the flat section, that is contoured
and configured to receive the item. Thus, the upper Surface
can have two separate and discrete sections.
As indicated above, the graphic layer can be or can include
an inclusion. The inclusions can be embedded in the dome.
For example, the graphic layer can be an etched metallic
layer. The metallic layer can be etched to form the indicia.
Other inclusions can be an LED (or other light source) and a
battery power source; a hologram or lenticular artwork; an
12
RFID computer chip or tag; a mirror, one or more gems; etc.
For example, the inclusion can include an LED electrically
coupled to a battery. The LED may remain continuously
activated or lit. Alternatively, the LED may be activated, or
5 the leads for the LED selectively contacted by the battery,
Such as by pressure applied to the pad. Alternatively, a light
sensor can be electrically coupled between the battery and the
LED to activate the LED in low light conditions. Other elec
tronics can be included for special effects, such as flashing,
10 etc. It will be appreciated that multiple lights or LEDs or one
or more color can be included or embedded in the dome. As
another example, the inclusion can include a gem or faux gem
embedded in the dome. The inclusion(s) can be disposed on
the adhesive film and/or substrate, and surrounded by the
15 material of the dome so that the inclusion projects into the
dome. Thus, the inclusions can be inclusions for the dome
and/or the graphics layer.
The dome can also include inclusions embedded therein.
For example, the dome can include a scented material. Such as
a scented oil, that is permeable through the polyurethane
material of the dome. In addition, the dome can be colored
and translucent. Furthermore, the dome can include a flores
cent material, or a glowing material.
In another aspect, the dome can be opaque with a graphic
25 layer, such as printing, on the outward facing Surface. The
opaque dome can have a color to match or complement the
pad.
In other aspects, the wall can be or can include: curved,
Such as to hold a pen or other writing implement; curved or
30 slotted, such as to hold electrical or data cords, such as phone
charger cords; slotted to hold a parking card, credit card,
access card, security card, or the like or other thin (paper thin
to credit card thin) item with indicia or information thereof for
ready access; a graphic arrow molded into bar to show place
35 ment direction on dash; a location for an embedded company
logo; glow in dark bar or other structure so that the user can
see location of Sticky pad on dashboard at night; put radar
detector at optimal angle for signal; a raised rubber or other
non-stick area to protect cellphone battery cover from getting
40 stuck (or limiting cling); insert athermometer into the pad or
wall to indicate temperature: embedded a “fast pass” elec
tronic signal toll pass or other electrical indicator for access or
recording purposes; a coin or token holder; a button to hold a
micro fiber bag; a place for a statuette to mount to; a fastener
45 for an air freshener; etc.
Referring to FIGS. 16 and 17, another pad 10b is shown
that is similar in many respects to that described above, and
which description is herein incorporated by reference, but
without a perimeter wall. The pad 10b can include a dome 64
50 as described above. The pad can also have a contoured or
textured top surface with an uppermost contact surface 26b
and a plurality of separate and discrete indentations 30b, and
one or more protrusions 34b.
In another aspect, the pad can be formed of or can include
55 an expanded vinyl material. It has been found that the
expanded vinyl material provides a good frictional or “tacky'
quality that remains disposed on the Support Surface, and that
retains the item or device thereon. In addition, it has been
found that Such an expanded vinyl material typically can be
60 disposed on the Support Surface without marring or otherwise
chemically interfering with the material of many Surfaces,
such as vehicle dashboards. It will be appreciated that many
Surfaces, such as a vehicle dashboard, have a finished surface
configured to be aesthetically pleasing and luxurious. Such
65 Surfaces can beformed of a plastic or leather material, and can
be expensive to replace or repair. In addition, it will be appre
ciated that some surfaces are Subjected to extreme conditions,
 Case 2:18-cv-00267-BCW Document 2-1 Filed 03/28/18 Page 17 of 19
US 8,490,846 B1
13
Such as heat and Sunlight. It has been found that the expanded
vinyl material not only provides the required retention of
objects and fixed relationship with the surface, but also typi
cally does so without chemically interacting with the material
of Surface, or otherwise damage the Surface.
The expanded vinyl material of the pad forms a temporary
non-chemical bond with both 1) the item or device stored on
the uppermost surface, and 2) the Support Surface. The pad
can be removed from the Support Surface without leaving
behind any residue and without damaging the pad. In this
manner the pad can be easily moved to any location the user
desires. Because the pad is made from expanded vinyl, it can
be easily cleaned with Soap and water, and still retain its
tackiness, and is thus reusable.
The expanded vinyl material more specifically can include:
diisodecy/phlthalate; polymeric plasticer; a UV stabilizer; a
vinyl hear stabilizer, a blowing agent for vinyl plastisol; and
vinyl resin (plastic). The expanded vinyl material can have a
weight between approximately 10 and 20 ounces per square
yard; more preferably between approximately 12 and 18
ounces per square yard; and most preferably between
approximately 14 and 16 ounces per square yard. The fric
tional holding pad 10 can have a thickness between approxi
mately 0.03 and 0.09: more preferably between approxi
mately 0.04 and 0.08 inches; and most preferably between
approximately 0.05 and 0.06 inches.
The frictional holding pad can beformed of different layers
with different materials. For example, the pad can have a skin
layer formed on the bottom surface formed of a different
material than the rest of the pad. For example, the material of
the skin layer can include: aqua ammonia (NH4OH); azard
ine: rubber; color; and body for thickening. The skin layer can
have a thickness between 0.003 and 0.006 inches, and more
preferably between 0.004 and 0.005 inches.
In addition, a perforated pattern can beformed in the pad to
give the impression of a Stitching. For example, a plurality of
holes can be formed around a perimeter of the pad near the
edge to give the appearance of a Stitched edge that can be
more visually consistent with the Support Surface. The pad
can be die cut from a larger sheet of material. The perforated
pattern can similarly be formed by a die.
The frictional holding pad also can include indicia formed
on the upper surface. The indicia can be formed by ink, or
ink-like materials, printed on the upper surface. The frictional
holding pad can be used as a promotional item by including a
business or product logo or name. It will be appreciated that
Such frictional holding pads can be inexpensively manufac
tured, and in use, can occupy a position of high and frequent
visibility. Thus, such frictional holding pads can be inexpen
sively manufactured, and given away as promotional items. In
addition, the indicia can include instructions that can be
related or unrelated to the use or care of the pad. For example,
the instructions can include how to use or place the pad, and
how to clean or wash the pad. As another example, the instruc
tions can relate to the use of something other than the pad
itself. Such as an item to be disposed thereon. Thus, the pad
serves dual functions, both as a frictional holding pad to
secure and item, and providing ready instructions. The
instructions can relate to the use of the item to be disposed
thereon. Thus, such a pad can be provided with an item, or
provided for use with such an item. For example, the instruc
tions can relate to the use of a cellular phone. In addition, the
indicia can include warning, Such as warning not to drive
while talking on the phone.
Although the pads described above have been described
with particularly reference to vehicle surfaces, it will be
appreciated that the pad can be used with other Surfaces,
14
including for example: to hold books or e-readers on a tread
mill, exercise bike, or the like.
In another aspect, the adhesive between the Support Surface
or dashboard and the dome or pad can be a permanent adhe
sive or more permanent adhesive.
While the forgoing examples are illustrative of the prin
ciples of the present invention in one or more particular appli
cations, it will be apparent to those of ordinary skill in the art
that numerous modifications in form, usage and details of
10 implementation can be made without the exercise of inventive
faculty, and without departing from the principles and con
cepts of the invention. Accordingly, it is not intended that the
invention be limited, except as by the claims set forth below.
15 The invention claimed is:
1. A frictional pad in combination with an upward facing
Support Surface of a dashboard or consol of a vehicle upon
which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and
held in a non-adhesive, non-slip, tacky fashion by the fric
tional pad, the frictional pad comprising:
a) top and bottom Surfaces, the bottom Surface having a
lowermost contact surface that is disposed on the
upward facing Support Surface of the dashboard or con
25 sole of the vehicle:
b) a pair of opposite sidewalls extending upward on oppo
site sides of the pad;
c) a pair of inclined slots each formed in a different one of
the pair of Sidewalls oriented at a non-perpendicular
30 angle with respect to the pad and laterally aligned with
respect to one another,
d) the cell phone, GPS or digital music player removably
disposable on and frictionally clinging to an uppermost
contact surface of the pad between the opposite side
35 walls and substantially parallel with the pad or upper
most contact surface thereof, and
e) the cell phone, GPS or digital music player removably
disposable in the pair of slots and held inclined with
respect to the pad or uppermost contact Surface thereof
40 by the pair of sidewalls; and
f) the pad being flexible and bending at the pair of slots to
increase a width of each of the pair of slots to receive the
cell phone, UPS or digital music player therein, and to
decrease the width of each of the slots to grip the cell
45 phone, GPS or digital music player therein.
2. The combination in accordance with claim 1, further
comprising:
teeth formed in the pair of sidewalls and facing into the pair
of slots and engaging the cell phone, GPS or digital
50 music player.
3. The combination in accordance with claim 1, wherein:
the pair of slots are inclined with respect to the pad between
45 and 85 degrees from the pad.
4. The combination in accordance with claim 1, wherein:
55 the pair of opposite sidewalls form a portion of a perimeter
wall Surrounding a majority of the pad; and
the perimeter wall includes a front wall with an elevational
height less than an elevational height of the pair of side
walls.
60 5. The combination in accordance with claim 1, wherein:
the lowermost contact surface of the pad frictionally clings
to the upward facing Support Surface of the dashboard or
console of the vehicle.
6. The combination in accordance with claim 1, wherein:
65 the lowermost contact surface of the pad frictionally is
adhered to the upward facing Support Surface of the
dashboard or console of the vehicle with a reposition
 Case 2:18-cv-00267-BCW Document 2-1 Filed 03/28/18 Page 18 of 19
US 8,490,846 B1
15
able adhesive film releasably and repositionably
adhered to the upward facing Support Surface.
7. The combination in accordance with claim 1, further
comprising:
at least a Substantial portion of the top surface being a
contoured top Surface with a plurality of separate and
discrete indentations extending into the pad and having
an uppermost contact surface.
8. The combination in accordance with claim 1, further
comprising:
a polyurethane squat dome affixed to the top surface of the
pad and having a continuous outward facing Surface
with a majority being continuous, Smooth and parallel
with the pad or uppermost contact Surface and extending
higher than the uppermost contact surface.
9. The combination in accordance with claim 8, further
comprising:
the polyurethane dome includes a polyurethane material
with a polyol and a catalyst in a ratio of 0.63 to 0.85.
10. The combination in accordance with claim 8, further
comprising:
the dome being translucent or transparent.
11. The combination in accordance with claim 10, further
comprising:
a graphic layer disposed behind and visible through the
dome.
12. The combination in accordance with claim 1, wherein:
the lowermost contact Surface between the upward facing
support surface of the dashboard or console of the
vehicle and the pad has a Substantially greater Surface
area than the uppermost contact surface between the
item and the pad.
13. Africtional pad in combination with an upward facing
Support Surface of a dashboard or consol of a vehicle upon
which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and
held in a non-adhesive, non-slip, tacky fashion by the fric
tional pad, the frictional pad comprising:
a) top and bottom Surfaces, the bottom Surface having a
lowermost contact surface that is disposed on the
upward facing Support Surface of the dashboard or con
sole of the vehicle:
b) a polyurethane squat dome affixed to the top surface of
the pad and having a continuous outward facing Surface
with a majority being continuous, Smooth and parallel
with the pad or uppermost contact Surface and extending
higher than the uppermost contact surface;
c) the dome being translucent or transparent;
d) a graphic layer disposed behind and visible through the
dome;
e) the cell phone, GPS or digital music player removably
disposable on and frictionally clinging to the uppermost
contact surface of the pad and the continuous outward
facing Surface of the squat dome.
14. The combination in accordance with claim 13,
wherein:
the lowermost contact surface of the pad frictionally clings
to the upward facing Support Surface of the dashboard or
console of the vehicle.
15. The combination in accordance with claim 13,
wherein:
the lowermost contact surface of the pad frictionally is
adhered to the upward facing Support Surface of the
dashboard or console of the vehicle with a reposition
able adhesive film releasably and repositionably
adhered to the upward facing Support Surface.
16
16. The combination in accordance with claim 13, further
comprising:
at least a substantial portion of the top surface being a
contoured top surface with a plurality of separate and
discrete indentations extending into the pad and having
an uppermost contact surface.
17. The combination in accordance with claim 13, further
comprising:
a) a pair of opposite sidewalls extending upward on oppo
10 site sides of the pad; and
b) a pair of inclined slots each formed in one of the pair of
sidewalls at a non-perpendicular angle with respect to
the pad and laterally aligned with respect to one another;
and
15 c) the cell phone, GPS or digital music player removably
disposable in the pair of slots and held inclined with
respect to the pad or uppermost contact Surface thereof
by the pair of sidewalls.
18. The combination in accordance with claim 17, further
comprising:
teeth formed in the pair of sidewalls and facing into the pair
of slots and engaging the cell phone, GPS or digital
music player.
19. The combination in accordance with claim 17,
25 wherein:
the pad is flexible and bends at the pair of slots to increase
a width of each of the pair of slots to receive the cell
phone, GPS or digital music player therein, and to
decrease the width of each of the slots to grip the cell
30 phone, GPS or digital music player therein.
20. The combination in accordance with claim 17,
wherein:
the pair of slots are inclined with respect to the pad between
45 and 85 degrees from the pad.
35 21. The combination in accordance with claim 17,
wherein:
the pair of opposite sidewalls form a portion of a perimeter
wall Surrounding a majority of the pad; and
the perimeter wall includes a front wall with an elevational
40 height less than an elevational height of the pair of side
walls.
22. The combination in accordance with claim 13,
wherein:
the lowermost contact Surface between the upward facing
45 support surface of the dashboard or console of the
vehicle and the pad has a Substantially greater Surface
area than the uppermost contact Surface between the
item and the pad.
23. Africtional pad in combination with an upward facing
50 Support Surface of a dashboard or consol of a vehicle upon
which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and
held in a non-adhesive, non-slip, tacky fashion by the fric
tional pad, the frictional pad comprising:
55 a) top and bottom Surfaces, the bottom Surface having a
lowermost contact Surface that is disposed on and fric
tionally clings to the upward facing Support Surface of
the dashboard or console of the vehicle;
b) at least a Substantial portion of the top surface being a
60 contoured top surface with a plurality of separate and
discrete indentations extending into the pad and having
an uppermost contact surface;
c) a polyurethane squat dome affixed to the top Surface of
the pad and having a continuous outward facing Surface
65 with a majority being continuous, Smooth and parallel
with the pad or uppermost contact Surface and extending
higher than the uppermost contact surface;
 Case 2:18-cv-00267-BCW Document 2-1 Filed 03/28/18 Page 19 of 19
US 8,490,846 B1
17
d) the dome being translucent or transparent;
e) a graphic layer disposed behind and visible through the
dome;
f) a pair of opposite sidewalls extending upward on oppo
site sides of the pad;
g) a pair of inclined slots each formed in one of the pair of
sidewalls at a non-perpendicular angle with respect to
the pad and laterally aligned with respect to one another;
h) the cell phone, GPS or digital music player removably
disposable on and frictionally clinging to the uppermost
contact surface of the pad and the continuous outward
facing Surface of the squat dome between the opposite
sidewalls and substantially parallel with the pad or
uppermost contact Surface thereof.
i) the cell phone, GPS or digital music player removably
disposable in the pair of slots and held inclined with
respect to the pad or uppermost contact Surface thereof
by the pair of sidewalls; and
j) the lowermost contact surface between the upward fac
ing Support Surface of the dashboard or console of the
vehicle and the pad has a Substantially greater Surface
area than the uppermost contact Surface between the
item and the pad.
24. Africtional pad in combination with an upward facing
Support Surface of a dashboard or consol of a vehicle upon
which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and
held in a non-adhesive, non-slip, tacky fashion by the fric
tional pad, the frictional pad comprising:
a) top and bottom Surfaces, the bottom Surface having a
lowermost contact surface that is disposed on the
upward facing support surface of the dashboard or con
sole of the vehicle:
b) a pair of opposite sidewalls extending upward on oppo
site sides of the pad;
c) a pair of inclined slots each formed in a different one of
the pair of Sidewalls oriented at a non-perpendicular
angle with respect to the pad and laterally aligned with
respect to one another,
d) the cell phone, GPS or digital music player removably
disposable on and frictionally clinging to an uppermost
contact surface of the pad between the opposite side
18
walls and substantially parallel with the pad or upper
most contact surface thereof;
e) the cell phone, GPS or digital music player removably
disposable in the pair of slots and held inclined with
5
respect to the pad or uppermost contact Surface thereof
by the pair of sidewalls; and
f) teeth formed in the pair of sidewalls and facing into the
pair of slots and engaging the cellphone, GPS or digital
music player.
10
25. Africtional pad in combination with an upward facing
Support Surface of a dashboard or consol of a vehicle upon
which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and
15 held in a non-adhesive, non-slip, tacky fashion by the fric
tional pad, the frictional pad comprising:
a) top and bottom Surfaces, the bottom Surface having a
lowermost contact surface that is disposed on the
upward facing Support Surface of the dashboard or con
sole of the vehicle:
b) a pair of opposite sidewalls extending upward on oppo
site sides of the pad;
c) a pair of inclined slots each formed in a different one of
25 the pair of Sidewalls oriented at a non-perpendicular
angle with respect to the pad and laterally aligned with
respect to one another,
d) the cell phone, GPS or digital music player removably
disposable on and frictionally clinging to an uppermost
30 contact surface of the pad between the opposite side
walls and substantially parallel with the pad or upper
most contact surface thereof;
e) the cell phone, GPS or digital music player removably
disposable in the pair of slots and held inclined with
35
respect to the pad or uppermost contact Surface thereof
by the pair of sidewalls; and
f) at least a Substantial portion of the top surface being a
contoured top surface with a plurality of separate and
40 discrete indentations extending into the pad and having
an uppermost contact surface.
k k k k k
Case 2:18-cv-00267-BCW Document 2-2 Filed 03/28/18 Page 1 of 20

Exhibit 2
 Case 2:18-cv-00267-BCW Document 2-2 Filed 03/28/18 Page 2 of 20
USOO885.1349B2

(12) United States Patent (10) Patent No.: US 8,851,349 B2

Wheatley et al. (45) Date of Patent: *Oct. 7, 2014
(54) FRICTIONAL HOLDING PAD WITH (58) Field of Classification Search
INCLINDED GRIP USPC ............ 224/483, 277,278,929, 571; 108/43,
108/44; 296/97.3, 97.7, 97.9; 428/40.1,
(71) Applicant: American Covers, Inc., Draper, UT 428/41.3, 42.1, 156, 158, 160, 192, 194,
(US) 428/922
(72) Inventors: Alan J. Wheatley, Draper, UT (US); See application file for complete search history.
Bryce Craig, Alpine, UT (US) (56) References Cited
(73) Assignee: American Covers, Inc., Draper, UT U.S. PATENT DOCUMENTS
(US)
D176,671 S 4/1876 Myers
(*) Notice: Subject to any disclaimer, the term of this 1 s: A g S. SE
patent is extended or adjusted under 35 .. .. adgan
U.S.C. 154(b) by 0 days. 2,128,118 A 7, 1937 Burford
This patent is Subject to a terminal dis (Continued)
claimer. FOREIGN PATENT DOCUMENTS
(21) Appl. No.: 13/940,074 CA 2O77251 5, 1993
EP O 348 970 1, 1990
(22) Filed: Jul. 11, 2013 (Continued)
(65) Prior Publication Data OTHER PUBLICATIONS
US 2013/O292440 A1 Nov. 7, 2013 About.Com Housekeeping. http://housekeeping...about.com/od/pr...
affresh, Febrezee Noticeables, accessed Oct. 2, 2008, 2 pages.
Related U.S. Application Data
(63) Continuation of application No. 12/987,662, filed on (Continued)
Jan. 10, 2011, now Pat. No. 8,490,846. Primary Examiner — Adam Waggenspack
(51) Int. Cl. Assistant Examiner — Lester L. Vanterpool
B60R 700 (2006.01) (74) Attorney, Agent, or Firm — Thorpe North & Western
B6OR II/02 (2006.01) LLP
B60R 7/06 (2006.01)
B6OR II/OO (2006.01) (57) ABSTRACT
(52) U.S. Cl. A frictional pad has a pair of inclined slots in a pair of
CPC. B60R 7/06 (2013.01); B60R II/02 (2013.01); sidewalls to hold a handheld electronic device at an incline
B60R 2011/0077 (2013.01); B60R 2011/0005 with respect to the pad. The pad can also have a squat dome.
(2013.01)
USPC ............ 224/483; 224/277; 224/278; 224/571 23 Claims, 7 Drawing Sheets

14

10

22
 Case 2:18-cv-00267-BCW Document 2-2 Filed 03/28/18 Page 3 of 20

US 8,851,349 B2
Page 2

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U.S. Patent Oct. 7, 2014 Sheet 3 of 7 US 8,851,349 B2

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 Case 2:18-cv-00267-BCW Document 2-2 Filed 03/28/18 Page 13 of 20
US 8,851,349 B2
1.
FRCTIONAL HOLDING PAD WITH
INCLINDED GRIP
PRIORITY CLAIM
This is a continuation of U.S. patent application Ser. No.
12/987,662, filed Jan. 10, 2011 (now U.S. Pat. No. 8,490,
846), which is hereby incorporated herein by reference in its
entirety and for all purposes.
RELATED APPLICATION(S)
This is related to U.S. patent application Ser. No. 12/205,
059, filed Sep. 5, 2008, (U.S. Patent Publication No. 2009
0004420); which is a continuation of U.S. patent application
Ser. No. 1 1/264,669, filed Oct. 31, 2005, which is a continu
ation-in-part of U.S. patent application Ser. No. 1 1/021,560,
filed Dec. 22, 2004 (now U.S. Pat. No. 7,252,867): which is a
continuation-in-part of U.S. patent application Ser. No.
10/684,008, filed Oct. 10, 2003 (now U.S. Pat. No. 7,125,
602); which is a divisional of U.S. patent application Ser. No.
10/209,948, filed Jul.30, 2002 (now U.S. Pat. No. 6,673.409);
which claims benefit of U.S. Provisional Patent Application
Nos. 60/308,955, filed Jul. 31, 2001, and 60/344,571, filed
Dec. 28, 2001; which are all incorporated herein by reference
in their entireties and for all purposes.
This is related to U.S. patent application Ser. No. 12/979,
690, filed Dec. 28, 2010; which claims benefit of U.S. Provi
sional Patent Application Nos. 61/371,853, filed Aug. 9.
2010, and 61/290,615, filed Dec. 29, 2009; which are all
incorporated herein by reference in their entireties and for all
purposes.
This is related to U.S. patent application Ser. No. 12/545,
248, filed Jan. 7, 2010; which is herein incorporated by ref
erence in its entirety and for all purposes.
BACKGROUND
1. Field of the Invention
The present invention relates generally to africtional pad to
be disposed to an upwardly facing Support Surface, such as a
vehicle dashboard or console, and to receive a portable hand
held electronic device, such as a cell phone, GPS or digital
music player, thereon to Substantially retain the portable
handheld device on the upwardly facing Support Surface.
2. Related Art
Frictional holding pads have been developed for placing on
a horizontal surface to hold and retain a handheld item. Some
pads are simply a sheet of rubber or rubber-like material.
Others are simply a sheet of rubber-like material with a matrix
of apertures therethrough. Other pads are tacky with a con
toured surface and can cling to a dashboard and hand held
device by mechanical or specific adhesion. For example, see
U.S. Pat. Nos. 6,673,409; 7,125,602 and 7,252,867; and U.S.
Patent Publication No. 2009-0004420. Other devices provide
a tray or container for receiving items with guard rails with
cord slots therethrough. For example, see the Max GripTM
Dash Tray.
Other pads have been developed for placing on the hand
held item itself. For example, see Egrips(R) anti-skid silicon
skins or appliqués; GripNStay(R) adhesive grips, Grip-It
Strips(R slip resistant textured strips with self adhesive back
ing: US Patent Publication Nos. 2006-0198978; 2006
O154029; 2005-0271847; and U.S. Pat. No. 6,117,526. See
also U.S. Pat. Nos. 4,986,496; 5,508,084; 6,372,323 and
6,610,382. Stickers or decals have been developed that can be
applied to cellphones. For example, see CellGellsTM adhesive
2
decals. Another pad has been developed that is tacky and
clings to the handheld item. For example, see Gadget Grips(R)
frictional pads by HandStands(R) and US Patent Publication
No. 2006-0121250.
Still other devices have been developed to secure items,
such as a GPS, in a vehicle. The GPS navigation systems are
often provided with a mount to hold the system, which has a
viewing screen, in a Suitable position for viewing while driv
ing. Various mounting systems have been proposed, includ
10
ing a Suction cup that holds by Suction to the windshield or
dash. In some locals it is illegal to mount object to the wind
shield. In addition, such mounting can interfere with normal
vision through the windshield. It is also possible to mount the
15 Suction cup on the vehicle dashboard or consol, but such
surfaces are often contoured or provided with functional and
decorative items that interfere with the operation of the suc
tion cup. An adhesive plate is also sometimes provided that
can be adhesively applied to the dash, and that can receive the
Suction cup. It may, however, be undesirable to us an adhesive
on the dashboard as Such adhesive can leave a residue or
remove dash covering. Another option is a device that holds a
plate in place by use of several weighted ballasts. Such
devices can be bulky and unsightly. Still other devices can
25 provide a plate or other mount secured to the dash by specific
or mechanical adhesion. See for example Sticky Pad GPS
Dash Mount from HandStands(R and US Patent Publication
No. 2010-OOO1151.
30 SUMMARY OF THE INVENTION
It has been recognized that it would be advantageous to
develop a frictional holding pad to selectively secure an item,
such as a handheld electronic device (e.g. a cellphone, GPS or
35
digital music player) to a Support Surface (e.g. a dashboard or
console of a vehicle) to secure the item in the vehicle, even
during movement of the vehicle. In addition, it has been
recognized that it would be advantageous to secure the item in
40 Such a way as to resist marring or damage or alteration to the
Support Surface. Furthermore, it has been recognized that it
would be advantageous to secure the item in Such a way
without modifying the item. In addition, it has been recog
nized that it would be advantageous to secure the item with
45 the pad such that the pad remains on the Support Surface while
the item is releasably held or secured to the pad. In addition,
it has been recognized that it would be advantageous to secure
the item at an incline for improved viewing.
The invention provides a frictional pad in combination
50 with an upward facing Support Surface of a dashboard or
consol of a vehicle upon which the frictional pad is disposed
and upon which a cell phone, GPS or digital music player is
selectively disposed and held in a non-adhesive, non-slip,
tacky fashion by the frictional pad. The pad includes top and
55 bottom surfaces. The bottom surface has a lowermost contact
Surface that is disposed on the upward facing Support Surface
of the dashboard or console of the vehicle. A pair of opposite
sidewalls extends upward on opposite sides of the pad. A pair
of inclined slots is each formed in a different one of the pair of
60 sidewalls and oriented at a non-perpendicular angle with
respect to the pad and laterally aligned with respect to one
another. The cell phone, GPS or digital music player is
removably disposable on and frictionally clings to an upper
most contact surface of the pad between the opposite side
65 walls and substantially parallel with the pad or uppermost
contact surface thereof. The cellphone, GPS or digital music
player is also removably disposable in the pair of slots and
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held inclined with respect to the pad or uppermost contact
surface thereofby the pair of sidewalls. The pad is flexible and
bendable at the pair of slots
In addition, the invention provides a frictional pad device
configured to be disposed upon an upward facing Support
Surface of a dashboard or consol of a vehicle, and configured
to have a cell phone, GPS or digital music player selectively
disposed thereon. The frictional pad includes top and bottom
Surfaces. The bottom Surface has a lowermost contact Surface
configured to be disposed on the upward facing Support Sur
face of the dashboard or console of the vehicle. A pair of
opposite sidewalls extends upward on opposite sides of the
pad. A pair of inclined slots is each formed in a different one
of the pair of sidewalls and oriented at a non-perpendicular
angle with respect to the pad and laterally aligned with respect
to one another. The cellphone, GPS or digital music player is
capable of being removably disposed on an uppermost con
tact surface of the pad between the opposite sidewalls. The
cell phone, GPS or digital music player is capable of being
removably disposed in the pair of slots and held inclined with
respect to the pad or uppermost contact Surface thereof by the
pair of sidewalls. The pad is flexible and bendable.
Furthermore, the invention provides a frictional pad in
combination with an upward facing Support Surface of a dash
board or consol of a vehicle upon which the frictional pad is
disposed and upon which a cell phone, GPS or digital music
player is selectively disposed and held in a non-adhesive,
non-slip, tacky fashion by the frictional pad. The frictional
pad includes top and bottom Surfaces. The bottom Surface has
a lowermost contact Surface that is disposed on the upward
facing Support Surface of the dashboard or console of the
vehicle. A pair of opposite sidewalls extends upward on oppo
site sides of the pad. A pair of inclined slots is each formed in
a different one of the pair of sidewalls and oriented at a
non-perpendicular angle with respect to the pad and laterally
aligned with respect to one another. The cell phone, GPS or
digital music player is removably disposable on and friction
ally clinging to an uppermost contact Surface of the pad
between the opposite sidewalls and is substantially parallel
with the pad or uppermost contact surface thereof. The cell
phone, GPS or digital music player is removably disposable
in the pair of slots and held inclined with respect to the pad or
uppermost contact surface thereof by the pair of sidewalls.
BRIEF DESCRIPTION OF THE DRAWINGS
Additional features and advantages of the invention will be
apparent from the detailed description which follows, taken
in conjunction with the accompanying drawings, which
together illustrate, by way of example, features of the inven
tion; and, wherein:
FIG. 1 is a perspective view of a frictional holding pad in
accordance with an embodiment of the present invention;
FIG. 2 is a side of the frictional holding pad of FIG. 1;
FIG. 3 is a cross-sectional side view of the friction holding
pad of FIG. 1;
FIG. 4 is a top view of the frictional holding pad of FIG. 1;
FIG. 5 is a front view of the frictional holding pad of FIG.
1;
FIG. 6 is a bottom view of the frictional holding pad of FIG.
1;
FIG. 7 is a perspective view of a squat dome of the fric
tional holding pad of FIG. 1;
FIG. 8 is a detailed partial cross-sectional side view of the
frictional holding pad of FIG. 1;
FIG. 9 is a top view of the frictional holding pad of FIG. 1
shown with an item, namely a cell phone, disposed thereon;
FIG. 10 is a cross-sectional side view of the frictional
holding pad of FIG. 1 shown disposed on an upward facing
Support Surface, namely of a dashboard or console of a
vehicle, and shown with an item, namely a cell phone, dis
posed thereon;
FIG. 11 is a perspective view of the frictional holding pad
of FIG. 1 shown with an item, namely a cell phone, held
upright at an incline thereon;
FIG. 12 is front view of the frictional holding pad of FIG.
10
1 shown with an item, namely a cellphone, held upright at an
incline thereon;
FIG. 13 is a side view of the frictional holding pad of FIG.
1 shown with an item, namely a cellphone, held upright at an
incline thereon;
15
FIG. 14 is a side view of the frictional holding pad of FIG.
1 shown disposed on an upward facing Support Surface,
namely of a dashboard or console of a vehicle:
FIG. 15 is a side view of the frictional holding pad of FIG.
1 shown with an item, namely a cellphone, held upright at an
incline thereon;
FIG. 16 is a top view of another frictional holding pad in
accordance with another embodiment of the present inven
tion; and
25 FIG. 17 is a cross-sectional side view of the frictional
holding pad of FIG. 16.
Reference will now be made to the exemplary embodi
ments illustrated, and specific language will be used hereinto
describe the same. It will nevertheless be understood that no
30 limitation of the scope of the invention is thereby intended.
DETAILED DESCRIPTION OF EXAMPLE
EMBODIMENT(S)
35 As illustrated in FIGS. 1-15, a frictional holding pad, indi
cated generally at 10, in an example implementation in accor
dance with the invention is shown disposed on or adhered on
an upward facing Support Surface 18, Such as a dashboard or
console or armrest of a vehicle, and upon which an item, Such
40 as a handheld portable electronic device 14, is selectively
disposed and held in a non-adhesive, non-slip, tacky fashion
to retain the device thereon and/or selectively held in an
upright, inclined orientation for improved viewing. The hand
held portable electronic device 14 can be, for example, a
45 so-called “smartphone.” or cellphone that combines various
features or functions, include a map or global positioning
system (GPS). Such a smart phone can be held on the pad
itself for use as a phone, or to simply be held during driving,
and held upright to be used with its map or GPS feature.
50 In addition, the handheld portable electronic device 14 can
be a cellphone; a digital music player (MP3 player, iPodR) or
the like) or other digital music player, a gaming device (Nin
tendo(RDS: PSPR; etc.); a camera; a global positioning sys
tem (GPS) system; a remote control; a personal digital assis
55 tant (PDA); a radio; a two-way radio; a citizens band radio; a
walkie-talkie; a video recorder, a cassette player and/or
recorder; a mini-cassette recorder; a DVD player; a portable
television; a digital camera; a video camera; a portable com
puter (laptop computer, iPad(R), or the like); a radar detector;
60 an e-book or e-reader (Kindle R, NookR), iPadR, Sony
Reader'TM, or the like), etc. Other items may also be retained
on the frictional pad, Such as writing implements, such as a
pen or pencil, eyeglasses, Sun glasses, change or coins, note
pad, parking ticket or receipt, etc. It will be appreciated that
65 the handheld portable electronic device can combine various
features or aspects of those listed above. It will be appreciated
that other items can be selectively secured to the pad 10.
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US 8,851,349 B2
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The upward facing support surface 18 can be a dashboard greater Surface area in contact with the Support Surface 18 to
or console or armrest (and Such terms are used interchange provide a greater frictional engagement or grip with the Sup
ably herein) of a vehicle. The upwardly facing support surface port surface than with the item or device. The less surface area
faces generally upwardly, and can be inclined or horizontal, of the uppermost contact Surface 26 can have or can provide
and can be flat or curved in one or more directions. The 5 less surface area in contact with the item or device 14 to
upward facing Surface can be mobile or displaceable, and provide less frictional engagement or grip with the item or
Subject to acceleration (and deceleration and/or centripetal device. Thus, the pad 10 remains on the support surface 18
force), and/or impact or bumps, such as a vehicle Surface. when the item or device 14 is removed, rather than removing
Movement, momentum and/or acceleration or changes the pad from the support surface while the item or device is
therein can be transferred from the upward facing surface to 10 removed from the pad. The contours or texture of the top
the item or handheld portable electronic device through the Surface reduces the Surface area of the uppermost contact
frictional pad. The pad 10 can be tacky to cling to the support surface 26 in contact with the item or device 14 disposed
Surface by mechanical and/or specific adhesion without the thereon. Thus, the item or device 14 can be removed from the
use of chemical adhesives; or can be adhered to the upward pad 10 without the pad sticking to the item or being removed
facing Support Surface 18; and can receive the electronic 15 from the support surface 18. In addition, the item or device 14
device thereon. The support surface 18 can be arcuate in one can be Smaller than the pad itself, thus also contributing to less
or more directions, or it can be flat and straight. It will be Surface contact between the uppermost contact surface 22 and
appreciated that the pad can be disposed on other Surfaces. the item or device 14.
The frictional holding pad 10 has top and bottom surfaces In another aspect, the contoured or textured top surface can
which can be opposite and substantially parallel with one 20 have protrusions and/or indentations that can be rounded or
another. The bottom surface can have a lowermost contact curvilinear to form a more gradual transition between the
Surface 22 that is disposed on and grips the Support Surface 18. protrusions and indentations, and create a contour on the top
The bottom surface or lowermost contact surface 22 of the Surface that is wavy or with a more natural appearance, cre
pad 10 can be “tacky, such that the pad 10 or lowermost ating a leather-like texture that can match the Support Surface.
contact surface 22 tends to cling to the Support Surface 18, 25 The contour or texture, or the protrusions and/or indenta
Such as by mechanical and/or specific adhesion, as opposed to tions, can extend at least Substantially across the top Surface
a chemical adhesive. of the pad, as shown in FIGS. 1 and 4. Thus, the contour or
Similarly, the top surface can have an uppermost contact texture extends into an interior region of the pad. The con
Surface 26 that contacts and grips the item of handheld elec toured or textured top Surface defines an item receiving area
tronic device 14, as shown in FIGS. 9 and 10. The top surface 30 where the item or device can be placed. The item receiving
or uppermost contact surface 26 of the pad 10 can be “tacky.” area thus extends at least Substantially across the top of the
such that the pad 10 or uppermost contact surface 26 tends to pad. The contour or texture can be disposed on a majority of
cling to the item or device 14, Such as by mechanical and/or the top surface.
specific adhesion, as opposed to chemical adhesive. The In one aspect, the pad, and thus the uppermost and lower
uppermost contact surface 26 holds the item or device 14 35 most contact Surfaces, can be formed of or can include an
securely in place, despite movement of the Support Surface, expanded vinyl material or a polyurethane material to provide
such as due to movement of the vehicle. a "tacky' quality or cling. In another aspect, the pad can be
In one aspect, the lowermost contact Surface 22 can be adhered to the support surface. The frictional pad can include
Smooth and flat, and can have a shiny appearance, as shown in an adhesive film adhered to the upward facing Support Sur
FIG. 6. In addition, the top surface, or a substantial portion 40 face. The adhesive can be selected to provide sufficient adhe
thereof, can be contoured or textured to be a contoured or sion between the pad and the Support Surface without un
textured top surface with a plurality of indentations and/or deliberately separating, or with only deliberately separating
protrusions. The contoured top surface can have a plurality of by the user. The adhesive can also be selected so that the pad
separate and discrete indentations 30, Such as an array of can be removed if desired. Thus, the adhesive film can include
elongated, straight channels or grooves, as shown in FIGS. 1 45 a releasable and repositionable adhesive, as opposed to a
and 4, defining one or more protrusions 34 or ribs therebe permanent adhesive. The adhesive film can use a chemical
tween, and the uppermost contact surface 26 therebetween. adhesive, and can be a repositionable adhesive film (Such as
The uppermost contact surface 26 or the tops of the protru ControltacTM adhesive film by 3MTM) that releasably and
sions or ribs can be flat between the indentations 30. The repositionably adheres to the upward facing Support Surface.
contour or texture of the top Surface creates an uppermost 50 A strength of the adhesive bond between the adhesive film
surface 26 on the top(s) of the protrusion(s)34 or between the and the Support Surface can be greater than a tacky cling
indentations 30 that contact the item or device 14. The low between the uppermost contact surface of the pad and the item
ermost contact surface 22 can be Smoother than the upper or device. Thus, the pad remains on the Support Surface while
most contact Surface 26. The uppermost contact surface 26 the item or device is removed from the pad and support
thus has less surface area in contact with the item or device 14 55 surface. In addition, the contact surface between the adhesive
than the lowermost contact surface 22 has in contact with the layer of the pad and the Support Surface can be greater than the
Support Surface 18. Thus, a greater clinging force exists uppermost contact Surface of the pad contacting the item or
between the pad 10 and the support surface 18 than between device to further retain the pad on the support surface as the
the pad 10 and the item or device 14. In other words, the item or device is removed from the pad and Support Surface.
lowermost contact surface 22 can have a greater Surface area 60 The pad 10 can have a perimeter wall 38 extending upward
between the pad 10 and the support surface 18 than a surface from the pad above, or to an elevational height higher than,
area of the uppermost contact surface 26 between the pad 10 the top surface or uppermost contact surface 26. The perim
and the item or device 14. eter wall 38 can extend upwardly from a perimeter of the pad,
In another aspect, the lowermost contact surface can be or near a perimeter of the pad, and can Surround a majority of
contoured; while still having a greater Surface area than an 65 the pad. The wall 38 and top surface therebetween can create
uppermost contact Surface. The greater Surface area of the a cavity or a pocket to receive the item or device 14, as shown
lowermost contact Surface 22 can have or can provide a in FIGS. 9 and 10. The perimeter wall can be at or near the
 Case 2:18-cv-00267-BCW Document 2-2 Filed 03/28/18 Page 16 of 20
US 8,851,349 B2
7 8
perimeter of the pad with a portion of the pad extending
beyond the perimeter to form a perimeter flange 40 circum
scribing the perimeter wall. The flange 40 can help maintain
the wall upright. The perimeter wall 38 can be formed inte
grally with and at the same time as and with the same material
as the pad. The pad 10 or perimeter wall 38 can include a pair
of opposite sidewalls 42a and 42b extending upward from the
pad or top Surface on opposite sides of the pad. The pad can
have a rectangular shape with narrower front and rear ends
and longer lateral sides; and the sidewalls can be formed on
the longer lateral sides. In addition, the pad or perimeter wall
can include a front wall 46 that can be shorter than the side
walls, or that can have an elevational height less than that of
the sidewalls. The sidewalls can have an elevational height of
approximately 0.6-0.8 inches above the pad or uppermost
contact Surface or top surface. The front wall can have an
elevational height of approximately 0.1-0.3 inches. The walls
can have a thickness of approximately 0.15-0.35 inches. The
elevational height of the walls can transition gradually oratan
angle between the front wall and the sidewalls along the front
of the sidewalls so that the sidewalls have a variable or
increasing height from the front wall to approximately an
intermediate point along a length of the sidewalls.
A pair of slots 50a and 50b can be formed in the respective
sidewalls 42a and 42b, or each in a different one of the pair of
sidewalls. The slots can be located intermediate the length of
the sidewalls, such as midway along the sidewalls and mid
way along the pad, and can be located at the greatest eleva
tional height of the sidewalls. In addition, the slots 50a and
50b can be angled or inclined at a non-perpendicular angle
with respect to the pad or top Surface or uppermost contact
surface, and can be inclined slots. Furthermore, the slots can
be laterally aligned with respect to one another across the pad
and oriented in the same direction. The incline can slope
rearwardly and upwardly. In one aspect, the slots can be
inclined with respect to the pad or top surface or uppermost
contact Surface between 45 and 85 degrees. In another aspect,
the slots can be inclined with respect to the pad or top surface
or uppermost contact Surface at approximately 80 degrees.
The slots can have a width of approximately 0.4 inches. In
addition, a rear wall or forward facing wall of the slots can
have a plurality of teeth or ribs 54 vertically arrayed or
spaced-apart vertically and extending laterally. The teeth or
ribs can face into the slots. The teeth or ribs can be integrally
formed with and of the same material as the wall.
The item or device 14 can be removably griped or held by
the pad in at least two different configurations. In one con
figuration, the item or device 14 can be removably disposed
on the uppermost contact Surface 26 of the pad, and can
frictionally cling thereto, between the sidewalls 50a and 50b,
as shown in FIGS. 9 and 10. In this configuration, the item or
device. Such as a cellphone, can be disposed and held for use
when needed, or held securely while driving a vehicle. In
addition, the item or device 14 can rest on the pad and can be
Substantially parallel with the pad or uppermost contact Sur
face. In another configuration, the item or device 14 can be
removably disposed in the pair of slots 50a and 50b, as shown
in FIGS. 11-13. Thus, the sidewalls 42a and 42b hold the item
or device 14 on opposite sides thereof and at an incline with
respect to the pad or the uppermost contact surface. In this
configuration, the item or device, such as a cell or Smart
phone, can be held so that a screen or display is oriented for
better viewing. Such as to display a map or GPS system. As
described above, the device can be held at an angle of between
45 and 85 degrees with respect to the pad. Thus, the width of
the slots can match a width of the device, or can be slightly
smaller or less to create an interference fit or press fit to
physically grip the device. In addition, the teeth or ribs 54 can
engage the device and can assist in physically griping or
holding the device in the upright or inclined orientation. The
lower or shorter front wall 46 allows the screen or display of
the device to be viewed. Furthermore, the material of the
sidewalls facilitates a frictional grip with the device while
also resisting marring of the device.
The pad 10 can be flexible and capable of bending (indi
cated in FIGS. 14 and 15) to conform to curves or details in
10 the support surface 18, and to accommodate the device 14 in
the slots 50a and 50b. Thus, the pad can bend at the pair of
slots to increase a width of the pair of slots to receive the item
or device, and to decrease the width of the slots to grip the
item or device, as shown in FIG. 15. The frictional holding
15 pad 10 also can have a planer configuration and can be used on
planar surfaces. The frictional holding pad 10 can be provided
in an original planar configuration, and can be supported by a
paper or paperboard backing or release layer. The release
layer may be stiffer than the pad to maintain the pad in a
planarconfiguration. In addition, the release layer can include
indicia thereon, such as instructions for use and care of the
pad. The release layer can include a tab protruding therefrom
beyond a perimeter of the pad 10 to facilitate removal of the
release layer from the pad. Upon removal of the release layer,
25 the pad 10 is flexible to enable conformity with a wide array
of curved surfaces. In addition, removal of the release layer
exposes the lower surface 22 of the pad to be disposed on the
Support Surface. A removable wrapper can be formed around
the pad 10 and the backing layer to protect the pad prior to use.
30 The wrapper and backing layer can be removed prior to
placing the pad on the Support Surface.
The pad 10 and walls can be formed of or can include
molded polyurethane material. It has been found that the
polyurethane material provides a good frictional or “tacky'
35 quality that remains disposed on the Support Surface, and that
retains the item or device thereon. In addition, it has been
found that Such a polyurethane material typically can be
disposed on the Support Surface 18 without marring or other
wise chemically interfering with the material of many Sur
40 faces, such as vehicle dashboards. It will be appreciated that
many Surfaces. Such as a vehicle dashboard, have a finished
Surface configured to be aesthetically pleasing and luxurious.
Such surfaces can be formed of a plastic or leather material,
and can be expensive to replace or repair. In addition, it will be
45 appreciated that some surfaces are Subjected to extreme con
ditions, such as heat and Sunlight. It has been found that the
polyurethane material not only provides the required reten
tion of objects and fixed relationship with the surface, but also
typically does so without chemically interacting with the
50 material of Surface, or otherwise damage the Surface.
The polyurethane material of the frictional holding pad 10
forms a temporary non-chemical bond with both 1) the item
or device 14 stored on the uppermost contact Surface, and 2)
the support surface. The pad 10 can be removed from the
55 Support Surface without leaving behind any residue and with
out damaging the pad. In this manner the pad 10 can be easily
moved to any location the user desires. Because the pad is
made from a polyurethane material, it can be easily cleaned
with Soap and water, and still retain its tackiness, and is thus
60 reusable.
In addition, the pad, and thus the polyurethane material,
can be translucent or transparent. Thus, Surface details on the
support surface can be viewed or are visible through the pad.
The translucent or transparent nature of the pad can make the
65 pad blend-in or match the support surface because of the
Surface details showing through the pad. If the pad is trans
lucent, it can also include a light coloring. Such coloring can
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help visually distinguish the pad from the Support Surface.
Thus, a translucent pad can both blend with the surface while
still being visually distinguishable therefrom. The pad also
can include indicia formed thereon. The indicia can be
formed on the bottom surface of the pad and still be visible
because the pad is translucent or transparent. Forming the
indicia on the bottom Surface of the pad can also protect the
indicia from wear or removal.
In one aspect, as described above, the pad can have an
adhesive film. The adhesive and/or the adhesive film can be
Substantially transparent, or at least translucent, so that the
Support Surface can be visible through the pad, including the
adhesive. The adhesive and/or adhesive layer can be a remov
able 3M ControltacTM adhesive. The adhesive film can be
disposed on a substrate. The substrate can also be a film. In
one aspect, the Substrate can be substantially non-absorbent.
The Substrate can provide a surface, such as an upper Surface
opposite the adhesive that can be printable. In addition, the
Substrate can be substantially transparent, or at least translu
cent, so that the Support Surface can be visible through the
pad. The substrate can be a printed 3M Graphics Vinyl. Alter
natively, the substrate can be a polyester film. The substrate
can be any laminated (non-porous) Substrate, including: PP,
PVC, PETABS, polyester, regular sticker paper, vinyl, or tin
metal (foil). Alternatively, the substrate can be other films
with other characteristics, such as reflective, metal shine,
textured, etc.
In addition, the indicia can be formed on the top or the top
Surface of the pad. In one aspect, the pad can include a
printable portion or section that can be flat and separate from
the contoured or textured section. In another aspect, the pad
can include an insert 60 such as a polyurethane squat dome 64
adhered to or otherwise affixed to the tope surface of the pad.
For example, the dome 64 can be adhered with an adhesive
film as described above. The dome can be disposed within the
perimeter wall 38, and visible over the shortened front wall
46. In addition, the dome 64 can be disposed in a recess 68 or
indentation in the top surface of the pad. The dome can have
a broad, flat, squat shape with an upward facing or outward
facing or outfacing Surface 72 that faces and can contact the
item or device 14. A majority, or essentially all, of the outward
facing Surface can be continuous and Smooth and parallel
with the pad or uppermost contact surface. In addition, the
outward facing surface can be flat or substantially flat. Fur
thermore, the outward facing Surface can be surrounded by a
radius perimeter. Thus, the perimeter of the outward facing
Surface curves toward the pad. In one aspect, all of the out
ward facing Surface 72 can be flat and Smooth and continuous
between the radiused perimeter. The dome and/or outward
facing Surface can be tacky to cling to the item or device. Such
as by mechanical or specific adhesion. Furthermore, the dome
can be substantially transparent, or at least translucent, so that
the support surface can be visible through the pad and the
dome. The dome can be formed of polyurethane.
The dome 64 or the outward facing surface 72 thereof can
also provide a non-slip Surface or contact point that can
engage the item or device 14 and retain it on the outward
facing surface of the pad, as shown in FIG. 10. Thus, the
outward facing Surface 72 can be sufficiently tacky to cling to
the item or device 14. The tackiness of the outward surface
can be obtained through various factors, which can include
material, hardness/softness, and coefficient of friction. As
described above, the dome can be formed of polyurethane.
The polyurethane can be formed by combining a polyol with
a catalyst or hardener. In one aspect, the ratio of polyol to
catalyst can be between 0.63 to 0.85 in one aspect, and
between 0.63 to 0.75 in another aspect, so that there is more
polyol than catalyst. Typical polyurethane is obtained by
mixing polyol and catalyst in a 1:1 ratio. In addition, in one
aspect, the outward facing Surface 72 or dome 64 can have a
hardness between 10 and 35 Shore D. In another aspect, the
outward facing Surface 72 or dome 64 can have a hardness
between 12 and 21 Shore D. In another aspect, the outward
facing surface 72 or dome 64 can have a hardness between 12
and 18 Shore D. Other non-tacky stickers or decals typically
can have a hardness of 60 Shore D or harder. Furthermore, the
10 outward facing surface 72 can have a coefficient of friction of
between 0.3 and 0.1 in accordance with ASTM D 1894.
The dome 64 can includean adhesive film 76 adhered to the
top surface of the pad. The adhesive can be selected to provide
sufficient adhesion between the dome and the pad. The adhe
15 sive film can use a chemical adhesive that adheres to the top
surface of the pad. In addition, the adhesive and/or the adhe
sive film can be substantially transparent, or at least translu
cent, so that the Support Surface can be visible through the
pad. The adhesive film 76 can be disposed on a substrate 80.
The substrate 80 can also be a film. In one aspect, the substrate
can be substantially non-absorbent. The substrate can provide
a surface, such as an upper Surface opposite the adhesive that
can be printable. In addition, the substrate can be substan
tially transparent, or at least translucent, so that the Support
25 surface can be visible through the pad. The substrate can be a
printed 3M Graphics Vinyl. Alternatively, the substrate can be
a polyester film. The Substrate can be any laminated (non
porous) substrate, including: PP, PVC, PET, ABS, polyester,
regular Sticker paper, vinyl, or tin metal (foil). Alternatively,
30 the substrate can be other films with other characteristics,
Such as reflective, metal shine, textured, etc.
A graphic layer 84 can be disposed behind the dome 64 and
visible through the dome. Thus, the graphic layer 84 can be
disposed between the pad 10 or top surface (or adhesive film)
35 and the dome 64, or between the substrate 80 and the dome
64. The graphic layer can include ink disposed on or printed
on the Substrate. For example, the graphic layer can be an
aqueous based inkjet ink. The graphic layer can include indi
cia, Such as a logo, a picture, etc. In addition, the graphic layer
40 can include directions for use, orientation, care, etc. Further
more, the graphic layer can be or can include other inclusions,
as described in greater detail below. The graphic layer 84 can
be visible through the dome 64. The graphic layer and/or
inclusion can be smaller or can have a smaller size than the
45 Substrate and dome Such that the graphic layer and inclusion
are surrounded by a perimeter of the dome and substrate.
Furthermore, the dome 64 or outward facing surface 72
thereof can be parallel with the pad or uppermost contact
Surface, and can extend higher that the uppermost contact
50 surface of the pad. Thus, the item or device 14 can have two
points of contact, one with the outward facing surface 72 of
the dome 64, and another with the uppermost contact surface
26 of the pad.
As discussed above, the dome or outward facing Surface
55 can have a radius perimeter. The dome can be made by pour
ing the polyurethane material on top of the Substrate and
graphic layer to form the dome. Thus, the radius perimeter is
obtained by individual pouring each pad or dome, without
stamping or cutting the pads from a continuous layer. The
60 graphic layer can be printed on the Substrate having the adhe
sive film opposite the graphic layer. The graphic layer can be
a discrete graphic contained within the dome, as opposed to a
continuous graphic.
In use an item or device 14 can be releasably secured on a
65 Support Surface 18, Such as a dashboard or console of a
vehicle, without marring or altering the Support Surface. The
pad 10 is placed on the support surface 18 with the lowermost
 Case 2:18-cv-00267-BCW Document 2-2 Filed 03/28/18 Page 18 of 20
US 8,851,349 B2
11
contact Surface 22 of the pad contacting and frictionally cling
ing to the support surface. Alternatively, the adhesive film of
the pad can be adhered to the Support Surface in a desired
location. The item or device 14 is removably placed on the
uppermost contact Surface 26 of the pad with the uppermost
contact surface of the pad frictionally clinging to the item or
device. The item or device 14 is removably placed in the pair
of slots 50a and 50b of the pair of walls 42a and 42b, and held
in an inclined orientation with respect to the pad. The item or
device 14 can be removed from the uppermost contact Surface
26 of the pad and/or the pair of slots 50a and 50b of the pad
while the pad remains on the Support Surface. In addition, the
Support Surface can be viewed through at least a portion of the
pad that is at least translucent.
As described above, the pad can also include a contoured or
textured bottom surface. Such a pad can have different top and
bottom surfaces. Also as described above, the contoured or
textured top Surface can have an uppermost contact Surface
that is less than a lowermost contact surface the bottom Sur
face. The contoured or textured bottom surface can include a
plurality of protrusions and/or indentations similar to the top
Surface. The protrusions and indentations of the bottom Sur
face can be similar to those of the top surface, but can provide
a lowermost contact Surface to contact and frictionally cling
to the support surface. The lowermost contact surface of the
bottom Surface can have a greater Surface area than the upper
most contact surface of the top Surface. For example, the
protrusions of the bottom Surface can be larger than the pro
trusions of the upper surface. Or the indentations of the bot
tom Surface can be larger than the indentations of the top
Surface. Or the top surface can have more indentations than
the bottom surface.
Also as described above, the pad, any adhesive on the
bottom of the pad, the dome, an adhesive and any substrate
between the dome and the pad, can be translucent or trans
parent, or have at least a portion that is at least translucent.
Thus, the support surface or features thereof can be visible
through the pad so that the pad blends-in with the support
surface. The pad can formed of polyurethane, which has been
found to provide both tackiness and transparency/translu
cency, without marring most vehicle Surfaces.
Also as described above, indicia can be formed on the top
surface of the pad, the bottom surface of the pad, or between
the pad and the dome. The indicia can include: a logo, an
advertisement, an instruction, a promotion, a company name,
and a product name. The top Surface can include a flat section
354 that is flat, and upon which the indicia 350 can be dis
posed. In addition, the top Surface can include a remaining
section, laterally adjacent the flat section, that is contoured
and configured to receive the item. Thus, the upper Surface
can have two separate and discrete sections.
As indicated above, the graphic layer can be or can include
an inclusion. The inclusions can be embedded in the dome.
For example, the graphic layer can be an etched metallic
layer. The metallic layer can be etched to form the indicia.
Other inclusions can be an LED (or other light source) and a
battery power source; a hologram or lenticular artwork; an
RFID computer chip or tag; a mirror, one or more gems; etc.
For example, the inclusion can include an LED electrically
coupled to a battery. The LED may remain continuously
activated or lit. Alternatively, the LED may be activated, or
the leads for the LED selectively contacted by the battery,
Such as by pressure applied to the pad. Alternatively, a light
sensor can be electrically coupled between the battery and the
LED to activate the LED in low light conditions. Other elec
tronics can be included for special effects, such as flashing,
etc. It will be appreciated that multiple lights or LEDs or one
12
or more color can be included or embedded in the dome. As
another example, the inclusion can include a gem or faux gem
embedded in the dome. The inclusion(s) can be disposed on
the adhesive film and/or substrate, and surrounded by the
material of the dome so that the inclusion projects into the
dome. Thus, the inclusions can be inclusions for the dome
and/or the graphics layer.
The dome can also include inclusions embedded therein.
For example, the dome can include a scented material. Such as
10 a scented oil, that is permeable through the polyurethane
material of the dome. In addition, the dome can be colored
and translucent. Furthermore, the dome can include a flores
cent material, or a glowing material.
In another aspect, the dome can be opaque with a graphic
15 layer, such as printing, on the outward facing Surface. The
opaque dome can have a color to match or complement the
pad.
In other aspects, the wall can be or can include: curved,
Such as to hold a pen or other writing implement; curved or
slotted, such as to hold electrical or data cords, such as phone
charger cords; slotted to hold a parking card, credit card,
access card, security card, or the like or other thin (paper thin
to credit card thin) item with indicia or information thereof for
ready access; a graphic arrow molded into bar to show place
25 ment direction on dash; a location for an embedded company
logo; glow in dark bar or other structure so that the user can
see location of Sticky pad on dashboard at night; put radar
detector at optimal angle for signal; a raised rubber or other
non-stick area to protect cellphone battery cover from getting
30 stuck (or limiting cling); insert athermometer into the pad or
wall to indicate temperature: embedded a “fast pass” elec
tronic signal toll pass or other electrical indicator for accessor
recording purposes; a coin or token holder; a button to hold a
micro fiber bag; a place for a statuette to mount to; a fastener
35 for an air freshener; etc.
Referring to FIGS. 16 and 17, another pad 10b is shown
that is similar in many respects to that described above, and
which description is herein incorporated by reference, but
without a perimeter wall. The pad 10b can include a dome 64
40 as described above. The pad can also have a contoured or
textured top surface with an uppermost contact surface 26b
and a plurality of separate and discrete indentations 30b, and
one or more protrusions 34b.
In another aspect, the pad can be formed of or can include
45 an expanded vinyl material. It has been found that the
expanded vinyl material provides a good frictional or “tacky'
quality that remains disposed on the Support Surface, and that
retains the item or device thereon. In addition, it has been
found that Such an expanded vinyl material typically can be
50 disposed on the Support Surface without marring or otherwise
chemically interfering with the material of many Surfaces,
such as vehicle dashboards. It will be appreciated that many
Surfaces, such as a vehicle dashboard, have a finished surface
configured to be aesthetically pleasing and luxurious. Such
55 Surfaces can beformed of a plastic or leather material, and can
be expensive to replace or repair. In addition, it will be appre
ciated that some surfaces are Subjected to extreme conditions,
Such as heat and Sunlight. It has been found that the expanded
vinyl material not only provides the required retention of
60 objects and fixed relationship with the surface, but also typi
cally does so without chemically interacting with the material
of Surface, or otherwise damage the Surface.
The expanded vinyl material of the pad forms a temporary
non-chemical bond with both 1) the item or device stored on
65 the uppermost surface, and 2) the Support Surface. The pad
can be removed from the Support Surface without leaving
behind any residue and without damaging the pad. In this
 Case 2:18-cv-00267-BCW Document 2-2 Filed 03/28/18 Page 19 of 20
US 8,851,349 B2
13
manner the pad can be easily moved to any location the user
desires. Because the pad is made from expanded vinyl, it can
be easily cleaned with Soap and water, and still retain its
tackiness, and is thus reusable.
The expanded vinyl material more specifically can include:
diisodecy/phlthalate; polymeric plasticer; a UV stabilizer; a
vinyl hear stabilizer, a blowing agent for vinyl plastisol; and
vinyl resin (plastic). The expanded vinyl material can have a
weight between approximately 10 and 20 ounces per square
yard; more preferably between approximately 12 and 18
ounces per square yard; and most preferably between
approximately 14 and 16 ounces per square yard. The fric
tional holding pad 10 can have a thickness between approxi
mately 0.03 and 0.09: more preferably between approxi
mately 0.04 and 0.08 inches; and most preferably between
approximately 0.05 and 0.06 inches.
The frictional holding pad can beformed of different layers
with different materials. For example, the pad can have a skin
layer formed on the bottom surface formed of a different
material than the rest of the pad. For example, the material of
the skin layer can include: aqua ammonia (NH-OH); azard
ine; rubber; color; and body for thickening. The skin layer can
have a thickness between 0.003 and 0.006 inches, and more
preferably between 0.004 and 0.005 inches.
In addition, a perforated pattern can beformed in the pad to
give the impression of a Stitching. For example, a plurality of
holes can be formed around a perimeter of the pad near the
edge to give the appearance of a Stitched edge that can be
more visually consistent with the Support Surface. The pad
can be die cut from a larger sheet of material. The perforated
pattern can similarly be formed by a die.
The frictional holding pad also can include indicia formed
on the upper surface. The indicia can be formed by ink, or
ink-like materials, printed on the upper surface. The frictional
holding pad can be used as a promotional item by including a
business or product logo or name. It will be appreciated that
Such frictional holding pads can be inexpensively manufac
tured, and in use, can occupy a position of high and frequent
visibility. Thus, such frictional holding pads can be inexpen
sively manufactured, and given away as promotional items. In
addition, the indicia can include instructions that can be
related or unrelated to the use or care of the pad. For example,
the instructions can include how to use or place the pad, and
how to clean or wash the pad. As another example, the instruc
tions can relate to the use of something other than the pad 45
itself. Such as an item to be disposed thereon. Thus, the pad
serves dual functions, both as a frictional holding pad to
secure and item, and providing ready instructions. The
instructions can relate to the use of the item to be disposed
thereon. Thus, such a pad can be provided with an item, or 50
provided for use with such an item. For example, the instruc
tions can relate to the use of a cellular phone. In addition, the
indicia can include warning, Such as warning not to drive
while talking on the phone.
Although the pads described above have been described 55
with particulary reference to vehicle surfaces, it will be appre
ciated that the pad can be used with other surfaces, including
for example: to hold books or e-readers on a treadmill, exer
cise bike, or the like.
In another aspect, the adhesive between the Support Surface 60 at least a substantial portion of the top surface being a
or dashboard and the dome or pad can be a permanent adhe
sive or more permanent adhesive.
While the forgoing examples are illustrative of the prin
ciples of the present invention in one or more particular appli
cations, it will be apparent to those of ordinary skill in the art 65 comprising:
that numerous modifications in form, usage and details of
implementation can be made without the exercise of inventive
14
faculty, and without departing from the principles and con
cepts of the invention. Accordingly, it is not intended that the
invention be limited, except as by the claims set forth below.
The invention claimed is:
5 1. A frictional pad in combination with an upward facing
Support Surface of a dashboard or consol of a vehicle upon
which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and
held in a non-adhesive, non-slip, tacky fashion by the fric
10 tional pad, the frictional pad comprising:
a) top and bottom Surfaces, the bottom Surface having a
lowermost contact surface that is disposed on the
upward facing Support Surface of the dashboard or con
sole of the vehicle:
15 b) a pair of opposite sidewalls extending upward on oppo
site sides of the pad;
c) a pair of inclined slots each formed in a different one of
the pair of Sidewalls oriented at a non-perpendicular
angle with respect to the pad and laterally aligned with
20 respect to one another,
d) the cell phone, GPS or digital music player removably
disposable on and frictionally clinging to an uppermost
contact surface of the pad;
e) the cell phone, GPS or digital music player removably
25 disposable in the pair of slots and held inclined with
respect to the pad or uppermost contact Surface thereof
by the pair of sidewalls;
f) the pair of opposite sidewalls form a portion of a perim
eter wall Surrounding a majority of the pad; and
30 g) the perimeter wall includes a front wall with an eleva
tional height less than an elevational height of the pair of
sidewalls.
2. The combination in accordance with claim 1, wherein:
the pair of inclined slots are located midway along a length
35 of the pair of sidewalls.
3. The combination in accordance with claim 1, further
comprising:
teeth formed in the pair of sidewalls and facing into the pair
of slots and engaging the cell phone, GPS or digital
40 music player.
4. The combination in accordance with claim 1, wherein:
the pad is flexible and bends at the pair of slots to increase
a width of each of the pair of slots, and to decrease the
width of each of the slots.
5. The combination in accordance with claim 1, wherein:
the pair of slots are inclined with respect to the pad between
45 and 85 degrees from the pad.
6. The combination in accordance with claim 1, wherein:
the lowermost contact surface of the pad frictionally clings
to the upward facing Support Surface of the dashboard or
console of the vehicle.
7. The combination in accordance with claim 1, wherein:
the lowermost contact surface of the pad frictionally is
adhered to the upward facing Support Surface of the
dashboard or console of the vehicle with a reposition
able adhesive film releasably and repositionably
adhered to the upward facing Support Surface.
8. The combination in accordance with claim 1, further
comprising:
contoured top surface with a plurality of separate and
discrete indentations extending into the pad and having
an uppermost contact surface.
9. The combination in accordance with claim 1, further
a polyurethane squat dome affixed to the top surface of the
pad and having a continuous outward facing Surface
 Case 2:18-cv-00267-BCW Document 2-2 Filed 03/28/18 Page 20 of 20
US 8,851,349 B2
15
with a majority being continuous, smooth and parallel
with the pad or uppermost contact surface and extending
higher than the uppermost contact surface.
10. The combination in accordance with claim 1, wherein:
the lowermost contact surface between the upward facing
Support surface of the dashboard or console of the
Vehicle and the pad has a substantially greater surface
area than the uppermost contact surface between the cell
phone, GPS or digital music player and the pad.
11. Africtional pad device configured to be disposed upon
an upward facing support surface of a dashboard or consol of
a vehicle, and configured to have a cellphone, GPS or digital
music player selectively disposed thereon, the frictional pad
comprising:
a) top and bottom surfaces, the bottom surface having a
lowermost contact surface configured to be disposed on
the upward facing support surface of the dashboard or
console of the vehicle:
b) a pair of opposite sidewalls extending upward on oppo
site sides of the pad;
c) a pair of inclined slots each formed in a different one of
the pair of sidewalls oriented at a non-perpendicular
angle with respect to the pad and laterally aligned with
respect to one another;
d) the cell phone, GPS or digital music player capable of
being removably disposed in the pair of slots and held
inclined with respect to the pad or uppermost contact
surface thereof by the pair of sidewalls; and
e) the pad being flexible and bendable at the pair of slots to
increase a width of each of the pair of slots, and to
decrease the width of each of the slots.
12. The device in accordance with claim 11, wherein:
the pair of inclined slots are located intermediate along a
length of the pair of sidewalls.
13. The device in accordance with claim 11, further com
prising:
teeth formed in the pair of sidewalls and facing into the pair
of slots and configured to engage the cellphone. GPS or
digital music player.
14. The device in accordance with claim 11, wherein:
the pair of slots are inclined with respect to the pad between
45 and 85 degrees from the pad.
15. The device in accordance with claim 11, wherein:
the pair of opposite sidewalls form a portion of a perimeter
wall surrounding a majority of the pad; and
the perimeter wall includes a front wall with an elevational
height less than an elevational height of the pair of side
walls.
16. The device in accordance with claim 11, wherein:
the lowermost contact surface of the pad is capable of
frictionally clinging to the upward facing support sur
face of the dashboard or console of the vehicle.
17. The device in accordance with claim 11, wherein:
the lowermost contact surface of the pad is capable of being
adhered to the upward facing support surface of the
dashboard or console of the vehicle with a reposition
able adhesive film releasably and repositionably
adhered to the upward facing support surface.
16
18. The device in accordance with claim 11, further com
prising:
at least a substantial portion of the top surface being a
contoured top surface with a plurality of separate and
discrete indentations extending into the pad and having
an uppermost contact surface.
19. The device in accordance with claim 11, further com
prising:
a polyurethane squat dome affixed to the top surface of the
10 pad and having a continuous outward facing surface
with a majority being continuous, smooth and parallel
with the pad or uppermost contact surface and extending
higher than the uppermost contact surface.
20. Africtional pad in combination with an upward facing
15
Support surface of a dashboard or consol of a vehicle upon
which the frictional pad is disposed and upon which a cell
phone, GPS or digital music player is selectively disposed and
held in a non-adhesive, non-slip, tacky fashion by the fric
tional pad, the frictional pad comprising:
a) top and bottom surfaces, the bottom surface having a
lowermost contact surface that is disposed on the
upward facing support surface of the dashboard or con
sole of the vehicle:
b) a pair of opposite sidewalls extending upward on oppo
site sides of the pad;
25 c) a pair of inclined slots each formed in a different one of
the pair of sidewalls oriented at a non-perpendicular
angle with respect to the pad and laterally aligned with
respect to one another;
d) the cell phone, GPS or digital music player removably
30 disposable on and frictionally clinging to an uppermost
contact surface of the pad;
e) the cell phone, GPS or digital music player removably
disposable in the pair of slots and held inclined with
respect to the pad or uppermost contact surface thereof
35 by the pair of sidewalls; and
f) the pad being flexible and bending at the pair of slots to
increase a width of each of the pair of slots to receive the
cell phone, GPS or digital music player therein, and to
decrease the width of each of the slots to grip the cell
40 phone, GPS or digital music player therein.
21. The combination in accordance with claim 20, further
comprising:
teeth formed in the pair of sidewalls and facing into the pair
of slots and engaging the cell phone, GPS or digital
45 music player.
22. The device in accordance with claim 20, wherein:
the pair of opposite sidewalls form a portion of a perimeter
wall surrounding a majority of the pad; and
the perimeter wall includes a front wall with an elevational
50 height less than an elevational height of the pair of side
walls.
23. The combination in accordance with claim 20, further
comprising:
a polyurethane squat dome affixed to the top surface of the
55 pad and having a continuous outward facing surface
with a majority being continuous, smooth and parallel
with the pad or uppermost contact surface and extending
higher than the uppermost contact surface.
Case 2:18-cv-00267-BCW Document 2-3 Filed 03/28/18 Page 1 of 6

Exhibit 3
 Case 2:18-cv-00267-BCW Document 2-3 Filed 03/28/18 Page 2 of 6
USOOD7393.96S

(12) United States Design Patent (10) Patent No.: US D739,396 S

Wheatley et al. (45) Date of Patent: Sep. 22, 2015
(54) FRCTIONAL HOLDING PAD WITH 2,466,502 A 4, 1949 Stiller
INCLINED GRIP 2,573.323 A 10, 1951 Eshelman
2,642,248 A 6, 1953 Semon
(71) Applicant: American Covers, Inc., Draper, UT 2.931,489 A 4, 1960 Farnholtz
(US) 3,654,047 A 4, 1972 Berkowitz
3,937.491 A 2/1976 Hilding
(72) Inventors: Alan J. Wheatley, Draper, UT (US);
Bryce Craig, Alpine, UT (US) (Continued)
(73) Assignee: American Covers, Inc., Draper, UT FOREIGN PATENT DOCUMENTS
(US) JP 62-266179 11, 1987
(**) Term: 14 Years KR 2001-0091060 10, 2001
(21) Appl. No.: 29/479,892 OTHER PUBLICATIONS
(22) Filed: Jan. 21, 2014
Crown Products; 2002; www.crownprod.com.
Related U.S. Application Data (Continued)
(63) Continuation of application No. 13/940,074, filed on
Jul. 11, 2013, now Pat. No. 8,851,349, which is a Primary Examiner — Susan Bennett Hattan
continuation of application No. 12/987,662, filed on Assistant Examiner — Janice Hallmark
Jan. 10, 2011, now Pat. No. 8,490,846. (74) Attorney, Agent, or Firm — Thorpe North & Western
(51) LOC (10) Cl. ................................................ 14-03 LLP
(52) U.S. C.
USPC ......................................................... D14/253 (57) CLAM
(58) Field of Classification Search The ornamental design for the frictional holding pad with
USPC .................. D14/208, 209.1, 217, 238.1, 243, inclined grip, as shown and described.
D14/250-253, 434, 440, 447, 496,
D14/203.3 203.7, 248,240, 341-347; DESCRIPTION
379/426, 446,455,433.1: D19/90, 86,
D19/87, 92; D6/553; 455/575..1, 575.8; FIG. 1 is a perspective view of the frictional holding pad with
D13/102, 108: 320/108, 115; inclined grip in accordance with our invention;
D16/242-244; 248/309.1, 371, 176.3, FIG. 2 is a right side elevation view thereof;
248/668 FIG. 3 is a left side elevation view thereof;
CPC ..... B60R 11/02; F16M2200/00; F16M 13/00 FIG. 4 is a top plan view thereof;
See application file for complete search history. FIG. 5 is a bottom plan view thereof;
FIG. 6 is a front elevation view thereof, and,
(56) References Cited FIG. 7 is a rear elevation view thereof.
U.S. PATENT DOCUMENTS The broken lines shown in FIGS. 1-4 and 7 are for illustrative
purposes only and form no part of the claimed design.
2,128,118 A 7, 1937 Burford
2,244,944 A 6/1941 Furlonge 1 Claim, 3 Drawing Sheets
 Case 2:18-cv-00267-BCW Document 2-3 Filed 03/28/18 Page 3 of 6

US D739,396 S
Page 2

(56) References Cited 2004/0223341 A1 1 1/2004 Hsiung

2005, 0161512 A1 7/2005 Jones et al.
U.S. PATENT DOCUMENTS 2005, 0169793 A1 8/2005 Wheatley et al.
2005, 01996.68 A1 9/2005 Wheatley
4,651,354 A 3, 1987 Petrey 2005/0271847 A1 12/2005 Antonini
4,836,488 A 6, 1989 Ross 2005/0274852 A1 12/2005 Saez et al.
4,846,382 A 7, 1989 Foultner et al. 2006, O121250 A1 6/2006 Wheatley
4,944,311 A 7, 1990 Eldridge, Jr. et al. 2006, O154029 A1 7/2006 Antonini
4,967,988 A 11, 1990 Nguyen 2006/0196964 A1 9/2006 Wheatley et al.
4,986,496 A 1, 1991 Marentic et al. 2006/O198978 A1 9, 2006 Antonini
5,036,866 A 8, 1991 Eldridge, Jr. et al. 2007/0206249 A1 9/2007 Phillips et al.
D323,829 S 2, 1992 Martinsen et al. 2008/0251680 A1 10, 2008 Matias
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D411,206 S * 6, 1999 Richter ........................ D14,253 OTHER PUBLICATIONS
6,102,660 A 8, 2000 Lee
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 Case 2:18-cv-00267-BCW Document 2-3 Filed 03/28/18 Page 4 of 6

U.S. Patent Sep. 22, 2015 Sheet 1 of 3 US D739,396 S

ig. 3
 Case 2:18-cv-00267-BCW Document 2-3 Filed 03/28/18 Page 5 of 6

U.S. Patent Sep. 22, 2015 Sheet 2 of 3 US D739,396S

Fig. 4
 Case 2:18-cv-00267-BCW Document 2-3 Filed 03/28/18 Page 6 of 6

U.S. Patent Sep. 22, 2015 Sheet 3 of 3 US D739,396S

Fig. 7
Case 2:18-cv-00267-BCW Document 2-4 Filed 03/28/18 Page 1 of 4

Exhibit 4
 Case 2:18-cv-00267-BCW Document 2-4 Filed 03/28/18 Page 2 of 4
Claim 1 – 8,490,846
1. A frictional pad in combination with an
upward facing support surface of a dashboard
or consol of a vehicle upon which the frictional
pad is disposed and upon which a cell phone,
GPS or digital music player is selectively
disposed and held in a non-adhesive, non-slip,
tacky fashion by the frictional pad, the
frictional pad comprising:
a) top and bottom surfaces, the bottom
surface having a lowermost contact surface
that is disposed on the upward facing support
surface of the dashboard or console of the
vehicle;
b) a pair of opposite sidewalls extending
upward on opposite sides of the pad;
Autocraft’s Dash Cling Product
Auctocraft’s Dash Cling product is a frictional
pad to be disposed on an upward facing
support surface of a dashboard or consol, and
upon which a cell phone, GPS or digital music
player is disposed and held in a non-adhesive,
non-slip, tacky fashion by the frictional pad
The Dash Cling has top and bottom surface,
and the bottom surface has a lowermost
contact surface disposed on the dashboard or
console of the vehicle
Top Surface
Bottom Surface
The Dash Cling has a pair of opposite sidewalls
extending upward on opposite sides of the
pad
Opposite Sidewalls
 Case 2:18-cv-00267-BCW Document 2-4 Filed 03/28/18 Page 3 of 4
c) a pair of inclined slots each formed in a
different one of the pair of sidewalls oriented
at a non-perpendicular angle with respect to
the pad and laterally aligned with respect to
one another;
d) the cell phone, GPS or digital music player
removably disposable on and frictionally
clinging to an uppermost contact surface of
the pad between the opposite sidewalls and
substantially parallel with the pad or
uppermost contact surface thereof; and
The Dash Cling includes a pair of inclined slots
formed in a differeont one of the pair of
sidewalls
Inclined Slots
The inclined slots are oriented at a non-
perpendicular angle with respect to the pad
and laterally aligned with respect to one
another
The Dash Cling packaging shows a cell phone
removably disposed on and frictionally clinging to
an uppermost contact surface of the pad between
the opposite sidewalls
The cell phone is substantially parallel with the pad
or uppermost contact surface of the pad
 Case 2:18-cv-00267-BCW Document 2-4 Filed 03/28/18 Page 4 of 4
e) the cell phone, GPS or digital music player
removably disposable in the pair of slots and
held inclined with respect to the pad or
uppermost contact surface thereof by the pair
of sidewalls; and
f) the pad being flexible and bending at the
pair of slots to increase a width of each of the
pair of slots to receive the cell phone, UPS or
digital music player therein, and to decrease
the width of each of the slots to grip the cell
phone, GPS or digital music player therein.
The Dash Cling packaging shows a cell phone
removably disponed in the pair of slots and held
included with respect to the pad or uppermost
contact surface of the pad by the pair of sidewalls
The Dash Cling is flexible and bends at the pair
of slots, increasing a width of the slots to
receive the cell phone, and decreasing the
width of the slots to grip the cell phone
Bending at slots to
increase and
decrease width
Case 2:18-cv-00267-BCW Document 2-5 Filed 03/28/18 Page 1 of 4

Exhibit 5
 Case 2:18-cv-00267-BCW Document 2-5 Filed 03/28/18 Page 2 of 4
Claim 1 – 8,851,349
A frictional pad in combination with an
upward facing support surface of a dashboard
or consol of a vehicle upon which the frictional
pad is disposed and upon which a cell phone,
GPS or digital music player is selectively
disposed and held in a non-adhesive, non-slip,
tacky fashion by the frictional pad, the
frictional pad comprising:
a) top and bottom surfaces, the bottom
surface having a lowermost contact surface
that is disposed on the upward facing support
surface of the dashboard or console of the
vehicle;
b) a pair of opposite sidewalls extending
upward on opposite sides of the pad;
Autocraft’s Dash Cling Product
Auctocraft’s Dash Cling product is a frictional
pad to be disposed on an upward facing
support surface of a dashboard or consol, and
upon which a cell phone, GPS or digital music
player is disposed and held in a non-adhesive,
non-slip, tacky fashion by the frictional pad
The Dash Cling has top and bottom surface,
and the bottom surface has a lowermost
contact surface disposed on the dashboard or
console of the vehicle
Top Surface
Bottom Surface
The Dash Cling has a pair of opposite sidewalls
extending upward on opposite sides of the
pad
Opposite Sidewalls
 Case 2:18-cv-00267-BCW Document 2-5 Filed 03/28/18 Page 3 of 4
c) a pair of inclined slots each formed in a
different one of the pair of sidewalls oriented
at a non-perpendicular angle with respect to
the pad and laterally aligned with respect to
one another;
d) the cell phone, GPS or digital music player
removably disposable on and frictionally
clinging to an uppermost contact surface of
the pad;
The Dash Cling includes a pair of inclined slots
formed in a differeont one of the pair of
sidewalls
Inclined Slots
The inclined slots are oriented at a non-
perpendicular angle with respect to the pad
and laterally aligned with respect to one
another
The Dash Cling packaging shows a cell phone
removably disposed on and frictionally clinging to
an uppermost contact surface of the pad
 Case 2:18-cv-00267-BCW Document 2-5 Filed 03/28/18 Page 4 of 4

e) the cell phone, GPS or digital music player
removably disposable in the pair of slots and
held inclined with respect to the pad or
uppermost contact surface thereof by the pair
of sidewalls;
The Dash Cling packaging shows a cell phone
removably disponed in the pair of slots and held
inclined with respect to the pad or uppermost
contact surface of the pad by the pair of sidewalls

f) the pair of opposite sidewalls form a portion The sidewalls of the Dash Cling form a portion
of a perimeter wall surrounding a majority of of a perimeter wall surrounding a majority of
the pad; and the pad

Perimeter
Wall

g) the perimeter wall includes a front wall with The perimeter wall includes a front wall with
an elevational height less than an elevational an elevational height less than an elevational
height of the pair of sidewalls. height of the pair of sidewalls

Elevational Height of
front wall less than
that of sidewalls
 Case
Case2:18-cv-00267-BCW
2:18-cv-00267-BCW Document
Document2-6
1 Filed
Filed03/28/18
03/28/18 Page
Page11ofof11
.JS.J4 !Rev.06117) CIVIL COVER SHEET
The .IS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papero as resuired by law, except as
provided by local rules of court. This form, approved by the .Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (.~li/i !NS'l'/<l IC'IJONS ON Nl!X/' l'A<iF 01: /'I/IS FOii/vi.)
I. (a) PLAINTIFFS DEFENDANTS
Handstands Promo, LLC Advance Auto Parts, Inc. d/b/a Autocraft

(b) County of Residence of First I .isted Plaintiff _$§1_ll_b!;ils§l__________ County of Residence of First Listed Defendant _ Roano~~----------
(liXC'lil'/'IN U.S. l'LA/N'l'IFFCAS!i5) (!N U.S. l'IAIN'l'lf"F CAS/iS ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCA TJON OF
THE TRACT OF LAND INVOLVED.

(C) Attorneys !Firni Name, Address, and folephona Numl"!r) Attorneys (~(Known)
Peter M. de Jonge Thorpe North Western, LLP (T) 801 566-6633
Jed H. Hansen 175 S. Main St., Suite 900
Kurtis M. Hendricks Salt Lake City, UT 84111

11. BASIS OF ,JURISDICTION !l'tacea11 "X" mone tiox ontyJ III. CITIZENSHIP OF PRINCIPAL PARTIES (!'lace an "X" i11011e/JoxJiirl'/11111/iff
{Ff>I' /Jil'ersily Cases Only) and Ona /Jo.r(ilr /Jefanda111)
0 I U.S. Governmenl ~ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.~"l'. (iovernme/11 Nm a /'ar~v) Citizen of This State 0 I 0 I Incorporated or Principal Place 0 4 O 4
of Business In This State

n 2 U.S. Oovc111mc11t 1.1 4 Diversity Citizen of Another State 11 2 0 2 Incorporated and Principal Place 0 5 0 5
Defendant (!11dimle Ciiioenship of Parties i11 /1em Ill) of Business In Another State

Citizen or Subject of a 11 3 0 3 Foreign Nation CJ 0 6

Foreign Countrv
IV. NATURE OF SUIT !l'lacea11 "X" mone Box only!
CO 'RACT TOR.TS llO ltllll'l' 'El/PENA , TY
0 110 Insurance PERSONAL JN,JUHY PEHSONAL INJURY 0 625 Drug Related Seizure o 422 Appeal 28 use t 58 0 .175 False Claims Act
0 120 Marine 0 310 Airplane 0 365 Personal Injury • of Property 2t USC 881 0 423 Withdrnwal o .176 Qui Tnm (31 use
0 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 2s use 157 3729(a))
0 140 Negotiable Instrument Liability 0 .167 Health Carel l'1 400 State Reapportionment
0 150 Recove1y ofOveqiayment 0 .120 Assault. Libel & Plrnrmaceutical r--P"'.~:m;n;;m;;;n.G;;l;;ITl'U"'--10 410 Antitrust
& L::11tbreeme11t of Judgment Slander Personal lnjmy 0 430 Banks and llanking
n 15 I Medicare Act 11 .1.10 Federal Employers' Product Liability Ll 450 Commerce
CJ I 52 Rccnve1y of Defaulted 1..inbility 0 368 Asbestos Personal 0 835 Patent - Abbreviated 0 460 Deportation
Student Loans 0 :140 Marine Injmy Product New Drng Application 0 470 Racketeer Influenced and

0
(Excludes Veterans)
153 Recovery of'Overpnyment
of Veteran's Benefits
L'J

0
345 lvfarino Prodnct
Liability
350 Motor Vehicle
Liability
PERSONAL PROPrmTY
0 370 Other Fraud
1---------.. . .
0 710 Fair Labor Standards
0 840 Trademark
~i---=I..,·....,S,..'E..,'C..,....,.I...,T_,Y.___..,
0 861 HIA ( l.195ft)
0
0
Corrupt Organizations
480 Consumer Credit
490 Cable/SatTV
CJ 160 Stockholders' Suits 0 355 Motor Vehicle lJ 371 Trnth in Lending Act Cl 862 Black Lung (923) 11 850 Securities/Commodities/
11 190 Other Contract Product l..iabi lity 0 .180 Other Personal 0 720 Labor/Management IJ 863 DIWC/DIWW (405(g)) Exchnnge
[J t 95 Contract l'roduct Liability 0 .160 Other Personal Property Damage Relations 0 864 SSID Title XVI 0 890 Other Statutory Actions
0 I 96 Franchise IJ 385 Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 891 Agricultural Acts
Product Liability 0 751 Family mtd Medical 0 89.1 Environmental Matters
Leave Act 1-------.,_....,.,.__, Ll 895 Freedom of'lnfonnation
L--...J.Rl!Jl11;,JJT;,,,Pi..·llll~:llA..:..--1-...J..:J.J;:#!J..w;WJ=---1-.1.P:.:R~IS.JJO~Ni.l.E~,R!!.:.1.p.1.EiaT.1.TI=.u.J.1il-f 0 790 Other Labor Litigation ll'EUER:ALTAKSUl':l'S Act
ll 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: O 791 Employee Retirement IJ 870 Taxes (U.S. Plaintiff IJ 896 Arbitration
0 220 Foreclosure ll 441 Voting IJ 463 Alien Detainee Income Seenrity Act or Defondant) 0 899 Administrative Procedure
[J 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS· ·Third Party Act/Review or Appeal of
lJ 240 Torts to Land 0 44.1 Housing/ Sentence 26 USC' 7609 Agency Decision
0 245 Tort Product Liability Accommodations 0 530 General O 950 Constitutionality of'
0 290 All Other Real Property IJ 445 Amer. w/Disabilities. 0 535 Death Penalty 'tllATfO State Statutes
Employment OH1cr: 0 462 Naturalization Application
IJ 446 Amer. w/Disabilitics - IJ 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Righls Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinement
V, 0 RIG IN (/'/ace an "X" 111 One Ho.\' On(v)
~I Original 0 2 Removed from L1 3 Romanclccl from 11 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict L1 8 Multidistrict
Proceeding State Court Appel late Court Reopened Another District Litigation - Liligation -
{specif.)>) Transfer Direct File
Cite the U.S. Civil Statute under which you arc filing (Do not citej11rlsdictio11al statutes unless diversity):
VI. CA USE OF ACTION 1-;"'"r5"'"ie. : ~:. :.·eS" sc" '·.: :.:ir~ ti, . 01'-1" '~r. : ~:. :.!. : l~" ~" :' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Patent infrin ement
VII. REQUESTED IN 0 Cl JECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. ,JllRV DEMAND: ~Yes l1No
VIII. RELATED CASE(S)
(See i11struc11nn.1):
IF ANY .JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
03/28/2018 Isl Peter M. de Jonge
FOi\ OFFICE USE ONLY
Case:2:18-cv-00267
RECEIPT# AMOUNT APPLYING IFP
Assigned To : Wells, Brooke C.
Assign. Date : 3/28/2018
Description: Handstands Promo v.
Advance Auto Parts