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Patent 3029205 Summary

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Claims and Abstract availability

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(12) Patent Application: (11) CA 3029205
(54) English Title: EAR PROTECTION
(54) French Title: PROTECTION POUR OREILLE
Status: Deemed Abandoned and Beyond the Period of Reinstatement - Pending Response to Notice of Disregarded Communication
Bibliographic Data
(51) International Patent Classification (IPC):
  • A45D 44/12 (2006.01)
(72) Inventors :
  • DUNCAN, CLAUDETTE (United Kingdom)
  • DUNCAN-BANCE, CAROLINE (United Kingdom)
(73) Owners :
  • CLAUDETTE DUNCAN
  • CAROLINE DUNCAN-BANCE
(71) Applicants :
  • CLAUDETTE DUNCAN (United Kingdom)
  • CAROLINE DUNCAN-BANCE (United Kingdom)
(74) Agent: MBM INTELLECTUAL PROPERTY AGENCY
(74) Associate agent:
(45) Issued:
(86) PCT Filing Date: 2017-07-13
(87) Open to Public Inspection: 2018-01-18
Availability of licence: N/A
Dedicated to the Public: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): Yes
(86) PCT Filing Number: PCT/GB2017/052059
(87) International Publication Number: WO 2018011581
(85) National Entry: 2018-12-21

(30) Application Priority Data:
Application No. Country/Territory Date
1612144.4 (United Kingdom) 2016-07-13

Abstracts

English Abstract

An ear protector is provided that comprises a hollow body defining a cavity suitable for receiving an ear; a first fastening means; and a second fastening means. The hollow body is provided with an orifice that has an open configuration, in which an ear can pass through the orifice, and a reduced size configuration, in which said ear cannot pass through the orifice. The hollow body has a stretched configuration, in which an ear can be freely moved with respect to the cavity, and an engaging configuration, in which at least a portion of the hollow body has a reduced size as compared to the stretched configuration and in which said ear cannot be freely moved with respect to the cavity. The first fastening means substantially encircles the orifice and is elastic in nature, wherein the elastic nature of the first fastening means serves to bias the orifice into the reduced size configuration and wherein the first fastening means can be stretched to place the orifice into the open configuration. The second fastening means substantially encircles the first fastening means and is elastic in nature, wherein the elastic nature of the second fastening means serves to bias the hollow body into the engaging configuration and wherein the second fastening means can be stretched to place the hollow body into the stretched configuration.


French Abstract

L'invention concerne une protection pour oreille qui comprend un corps creux définissant une cavité appropriée pour recevoir une oreille; un premier moyen de fixation; et un second moyen de fixation. Le corps creux est pourvu d'un orifice qui a une configuration ouverte, dans laquelle une oreille peut passer par l'orifice, et une configuration de taille réduite, dans laquelle ladite oreille ne peut pas passer par l'orifice. Le corps creux a une configuration étirée, dans laquelle une oreille peut être déplacée librement par rapport à la cavité, et une configuration de mise en prise, dans laquelle au moins une partie du corps creux a une taille réduite par rapport à la configuration étirée et dans laquelle ladite oreille ne peut pas être déplacée librement par rapport à la cavité. Le premier moyen de fixation encercle sensiblement l'orifice et est de nature élastique, la nature élastique du premier moyen de fixation servant à solliciter l'orifice dans la configuration de taille réduite et le premier moyen de fixation pouvant être étiré pour placer l'orifice dans la configuration ouverte. Le second moyen de fixation encercle sensiblement le premier moyen de fixation et est de nature élastique, la nature élastique du second moyen de fixation servant à solliciter le corps creux dans la configuration de mise en prise, et le second moyen de fixation pouvant être étiré pour placer le corps creux dans la configuration étirée.

Claims

Note: Claims are shown in the official language in which they were submitted.


18
Claims
1. An ear protector that comprises:
¨ a hollow body that defines a cavity suitable for receiving an ear,
¨ a first fastening means, and
¨ a second fastening means,
wherein the hollow body is provided with an orifice that has an open
configuration in
which an ear can pass through the orifice and a reduced size configuration in
which
said ear cannot pass through the orifice,
wherein the hollow body has a stretched configuration in which an ear can be
freely
moved with respect to the cavity and an engaging configuration in which at
least a
portion of the hollow body has a reduced size as compared to the stretched
configuration and in which said ear cannot be freely moved with respect to the
cavity,
wherein the first fastening means substantially encircles the orifice and is
elastic in
nature, wherein the elastic nature of the first fastening means serves to bias
the
orifice into the reduced size configuration and wherein the first fastening
means can
be stretched to place the orifice into the open configuration, and
wherein the second fastening means substantially encircles the first fastening
means and
is elastic in nature, wherein the elastic nature of the second fastening means
serves to
bias the hollow body into the engaging configuration and wherein the second
fastening means can be stretched to place the hollow body into the stretched
configuration.
2. The ear protector of claim 1, wherein when the ear protector is in use,
with the ear
inside the cavity, the first fastening means applies an engagement force to a
first
location which is at or near the base of the ear, and the second fastening
means
applies an engagement force to a second discrete location on the ear, located
away
from the base of the ear.
3. The ear protector of claim 1 or claim 2, wherein when the ear
protector is in use, with
the ear inside the cavity, the location at which the second fastening means
applies an
engagement force to the ear comprises one or more of the following locations
on the
ear: the tragus, the antitragus, the lobule, the cavum concha, the helix, the
triangular
fossa and the sacaphoid fossa.

19
4. The ear protector of any one of claims 1 to 3, wherein when the ear
protector is in
use, with the ear inside the cavity, the second fastening means applies an
engagement
force to the ear at the tragus and optionally at one or more of the lobule,
the cavum
concha, and the triangular fossa.
5. The ear protector of any one of claims 1 to 4, wherein the shortest
distance between
the second fastening means and the first fastening means is:
(a)5mm or more, or
(b)10mm or more, or
(c)15mm or more.
6. The ear protector of any one of claims 1 to 5, wherein the cavity has a
cross-sectional
shape that is substantially kidney-shaped, substantially oval or substantially
D-
shaped.
7. The ear protector of any one of claims 1 to 6, wherein the first fastening
means is
formed from the same material as the hollow body and wherein the first
fastening
means is thicker than the hollow body.
8. The ear protector of any one of claims 1 to 7, wherein the second
fastening means is
formed from the same material as the hollow body and wherein the second
fastening
means is thicker than the hollow body.
9. The ear protector of any one of claims 1 to 8, wherein the first fastening
means, the
second fastening means and the hollow body are formed from the same material.
10. The ear protector of any one of claims 1 to 9, wherein the second
fastening means is
provided as a raised portion that protrudes from the hollow body.
11. The ear protector of any one of claims 1 to 10, the hollow body is formed
from a
polymeric material.
12. The ear protector of claim 11, wherein the hollow body is formed from a
natural or
synthetic rubber.
13. The ear protector of claim 12, wherein the hollow body is formed from
latex.

20
14. The ear protector of any one of claims 1 to 13, wherein the first
fastening means is
formed from a polymeric material.
15. The ear protector of claim 14, wherein the first fastening means is formed
from a
natural or synthetic rubber.
16. The ear protector of claim 15, wherein the first fastening means is formed
from latex.
17. The ear protector of any one of claims 1 to 16, wherein the second
fastening means is
formed from a polymeric material.
18. The ear protector of claim 17, wherein the second fastening means is
formed from a
natural or synthetic rubber.
19. The ear protector of claim 18, wherein the second fastening means is
formed from
latex.
20. The ear protector of any one of claims 1 to 19, wherein the shortest
distance between
the first fastening means and the orifice is:
(a)15mm or less, or
(b)10mm or less, or
(c)5mm or less.
21. The ear protector of any one of claims 1 to 20 wherein the ear protector
is provided
with a protrusion on the outer surface of the hollow body.
22. The ear protector of claim 21, wherein when the ear protector is in use,
with the ear
inside the cavity, the protrusion is located on the helix of the ear.
23. The ear protector of claim 21 or claim 22, wherein the shortest distance
between the
protrusion and the orifice is 25mm or more.
24. An ear protection kit comprising two ear protectors, each being as defined
in any one
of claims 1 to 23.

21
25. The ear protection kit of claim 24, wherein one ear protector is for a
left ear and the
other ear protector is for a right ear.
26. The ear protection kit of claim 24 or claim 25, wherein the kit further
comprises a
chemical-based hair treatment product.
27. The ear protection kit of any one of claims 24 to 26, wherein the kit
further
comprises a heat-based hair treatment product.
28. The ear protection kit of any one of claims 24 to 27, wherein the kit
further
comprises a hair treatment accessory.

Description

Note: Descriptions are shown in the official language in which they were submitted.


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EAR PROTECTION
Field of the Invention
The present invention relates to ear protection, and in particular provides a
product that is
suitable for protecting the human ear from chemicals used in hair treatment
applications.
Background of the Invention
Many people choose to undertake hair treatments in order to alter the
appearance of their hair.
Such treatments may involve altering the colour of hair, for example in dying,
highlighting or
bleaching, or the modification of hair structure, for example in perming,
curling or relaxing.
One may choose to undertake a hair treatment plan at home or at a professional
salon or hair
dresser. As such, products for the treatment of hair at home may be purchased
online, or in
shops such as pharmacies, cosmetics shops or specialist hair treatment shops.
Hair treatments can require the use of chemical products. Users are typically
advised to wear
gloves while using hair treatment products due to the risk of skin irritation
and injury.
However, due to the proximity of the head hair to the ears, there is a risk
that such products
may inadvertently contact the outer ear and/or enter the ear canal.
Hair treatments can be left on the hair to take effect for a short period of
time or for a longer
period of time, depending on the hair type and the application time used.
However, even if the
product is rinsed off relatively quickly, damage to the skin on the ear can
occur if there has
been contact between the product and that skin. This is a particular problem
when the user has
sensitive skin.
In addition, individuals suffering from ear infections or other ear conditions
can have their
condition exacerbated by the entry of such products into an ear.
If an individual has a pre-existing sore or cut on their ear this can also be
worsened by contact
between hair treatment product and that sore or cut.
The user may not initially be aware of the presence of a chemical product in
or on their ear
during the treatment process; however, by the time that a burning sensation is
felt significant

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damage to the skin of the ear may have already occurred. This may leave the
individual with
painful irritated skin.
When using hair dyes, residual dye may remain on the skin if the dye is kept
on for too long,
or if the dye is not thoroughly washed away. The upper ear often comes into
contact with dyes
during the application process and, as a consequence, the skin at the top of
the ear and/or on
the back of the ear can easily become stained by the dye.
Hair heating appliances, such as hairdryers, curling tongues and straightening
tongues,
present a further risk to ears, as the fragile skin of ears is easy to burn
when the hair is being
styled and/or dressed.
Ear protection devices have been previously described to assist with the
protection of ears.
Many of these are not designed for use during hair treatments, for example
they may be for
use during swimming or to keep ears warm during cold weather.
For example, US 4660229 A (Harris) describes a water-tight ear enclosing
device that can be
used when swimming. This device is secured to the ear by using an elastic
strip formed of a
thin, polymeric material in a J shape, which is adapted to be received in
front of the tragus of
the ear and below and behind the lobule of the ear, together with a flexible,
inelastic strip
having an adhesive surface, which is to be attached to the skin in front of
the tragus and under
the lobe of the ear. Therefore the elastic strip and inelastic strip combine
together to encircle
the opening of the ear once and to secure the device thereto. The elastic
strip can include an
extension which augments the primary seal at the lower portion of the
enclosure formed by
the adhesive on the inelastic strip.
US 2012/124719 Al (Michlitsch) describes ear protectors that are intended to
shield ears
from harsh weather conditions. The ear protectors are formed of two parts: a
conforming
"anchor" part and an insulating part. The ear goes through an opening in the
anchor part and
then the other part forms an insulating outer covering over the ear. The
opening resiliently
deforms and therefore this opening conforms to the geometry of the ear root to
hold the
product in place. These ear protectors are preferably made from an elastomeric
plastic.
US 7865974 B1 (Heller) describes an ear protector that is designed to stop
soap and water
entering the ear during washing. The protector provides a covering comprised
of a flexible
and water impermeable material. There is an opening through which the ear is
placed and an

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elastic band extends around most but not all of this opening. The remaining
portion of the
opening has adhesive provided, which allows the protector to adhere directly
to the user's
skin at this portion of the opening. A resiliently flexible framing member may
also be
provided; this extends around part of the outside of the elastic band, namely
at the top and
down the length. The framing member therefore partially encircles the opening
and assists the
adhesive and elastic band to secure the protector to the ear root.
Various ear protection devices have been previously described to assist with
the protection of
ears during hair treatments.
For example, a pair of protective sanitary ear covers is described in US
2009/077715 (Jack).
The cover is stated to be produced from clear light weight to medium weight
material, like
plastic, and in the preferred embodiment the cover is annular-shaped and has
an elastic band
positioned about the perimeter of the opening thereof for comfortably holding
the cover about
a wearer's ear.
A similar ear protecting device is described in DE 29812652 Ul (Clasing). This
device is for
use in protecting the ear from discoloration during hair treatment
applications and has a body
that can receive the user's ear via an opening, with there being a fastening
means, such as
elastic, around the edge of the opening to help secure the body on the ear.
US 6298493 B1 (Ambroise) describes ear protectors that have a three-layer
construction to
shield ears from heat during hair drying and styling, e.g. using curling irons
and blow dryers.
It describes forming the outer layer from a cotton fibre or cotton fabric, the
middle layer from
Teflon or the like, and the inner layer from cotton or soft batting. The
protectors can be
secured to the ear using an elastic band which forms a continuous loop around
the opening, or
an elastic cord that is not continuous and does not form a loop but is
designed to fit snugly
around the back of the ear, or a draw string that extends around the opening.
Summary of the Invention
The present inventors have recognised that there is a problem with known
devices for ear
protection which only utilise one elastic band (or the like) to secure the
device to the ear. In
this regard, the inventors realised that such products can be accidentally
dislodged in use, for
example when vigorous action about the ear is required during the application
of, or the
washing away of, hair treatment products. The device may slip off entirely or
may be

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displaced. This can therefore leave some or all of the ear exposed during the
hair treatment,
contrary to the aim of the protection device.
The same problem can also still occur with devices where there are multiple
securing means
which are all provided at or near the opening, with the aim of securing the
device to the ear
root (the base of the ear, i.e. where the ear attaches to the head). Even when
more than one
securing means is provided, such as in US 7865974 B 1, the device can still
slip off or be
displaced, because the securing is only at one location. Therefore if there is
vigorous action at
or near that location, there can be accidental dislodgement of the device.
The present invention provides, in a first aspect, an ear protector that
comprises:
¨ a hollow body that defines a cavity suitable for receiving an ear,
¨ a first fastening means, and
¨ a second fastening means,
wherein the hollow body is provided with an orifice that has an open
configuration in
which an ear can pass through the orifice and a reduced size configuration in
which said ear
cannot pass through the orifice,
wherein the hollow body has a stretched configuration in which an ear can be
freely
moved with respect to the cavity and an engaging configuration in which at
least a portion of
the hollow body has a reduced size as compared to the stretched configuration
and in which
said ear cannot be freely moved with respect to the cavity,
wherein the first fastening means substantially encircles the orifice and is
elastic in
nature, wherein the elastic nature of the first fastening means serves to bias
the orifice into
the reduced size configuration and wherein the first fastening means can be
stretched to place
the orifice into the open configuration, and
wherein the second fastening means substantially encircles the first fastening
means
and is elastic in nature, wherein the elastic nature of the second fastening
means serves to
bias the hollow body into the engaging configuration and wherein the second
fastening means
can be stretched to place the hollow body into the stretched configuration.
The prior art ear protectors do not have a hollow body having a stretched
configuration in
which an ear can be freely moved with respect to the cavity and an engaging
configuration in
which at least a portion of the hollow body has a reduced size as compared to
the stretched
configuration and in which said ear cannot be freely moved with respect to the
cavity,
whereby the hollow body is biased into the engaging configuration due to the
elastic nature of
a second fastening means.

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To use the ear protector of the present invention, the ear protector can have
the first fastening
means stretched and the second fastening means stretched, such that an ear can
pass through
the orifice and can be located into the cavity. This may suitably be performed
using a
5 person's fingers. The person may be the person whose hair is being
treated (and whose ear is
being protected), or may be another person, e.g. a hairdresser or stylist, or
a friend or family
member.
Once the ear protector is in place, i.e. with the ear is received within the
cavity, the first and
second fastening means can be allowed to return to their unstretched form. The
elastic nature
of the first fastening means serves to bias the orifice into the reduced size
configuration and
the elastic nature of the second fastening means serves to bias the hollow
body into the
engaging configuration. Thus the orifice is sized such that the ear cannot
pass through the
orifice, and the hollow body has a reduced size as compared to the stretched
configuration,
such that the ear cannot be freely moved in and out of the cavity.
Therefore the ear protector is secured onto the ear using a "double rim"
arrangement. The ear
protector is secured on the ear by the first fastening means and by the second
fastening
means.
The first fastening means therefore secures the ear protector to the ear at a
first location and
the second fastening secures the ear protector to the ear at a different
location. Thus even if
there is vigorous action at or near one of those locations, there is not
accidental dislodgement
of the ear protector, because there is still securing of the ear protector at
the other of those
locations.
The first fastening means suitably serves to bias the orifice such that some
or all of the orifice
contacts the ear that is received within the cavity. Preferably, the first
fastening means applies
an engagement force to the ear at this location where contact occurs. In one
embodiment this
contact occurs at or near the base of the ear, i.e. where the ear attaches to
the head.
The second fastening means suitably serves to bias the hollow body such that a
portion of the
hollow body contacts the ear that is received within the cavity. Preferably,
the second
fastening means applies an engagement force to the ear at this location where
contact occurs.

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Accordingly, in use the first fastening means applies an engagement force to a
first location
which is at or near the base of the ear, and the second fastening means
applies an engagement
force to a second discrete location on the ear, located away from the base of
the ear.
.. The ear protector of the present invention is therefore advantageous,
because there are two
discrete locations where the ear protector is secured on the ear. Engagement
forces can
therefore be applied in two separate places, improving the stability of the
ear protector on the
ear even when it is knocked or rubbed. This therefore allows for enhanced
manipulation of
the ear during the hair treatment process without displacing the ear
protector, for example
.. moving the ear to access hair behind it.
This is therefore beneficial as compared to prior devices where the securing
of the device was
only at or near the ear base. The ear protector of the present invention can
provide
engagement forces at or near the ear base and additionally can provide
engagement forces at a
separate location, away from the ear base, e.g. 5mm or more or lOmm or more or
15mm or
more away from the ear base.
In addition, the person whose hair is being treated will find the ear
protector of the present
invention more comfortable to wear. The ear protector will feel more secure on
their ear. In
addition, the engagement forces that secure the ear protector to the ear can
be provided over a
larger area, due to the use of two discrete fastening means, and this can mean
that discomfort
from one localised force is minimised.
The prior art did not recognise that there was a problem with the designs that
utilised a single
elastic band to secure the ear protector onto the ear, let alone suggest that
the use of a "double
rim" arrangement, where two elastic fastening means independently secure the
orifice and the
body to the ear, should be considered.
The prior art did not recognise that there was a problem with the designs that
utilised one or
more securing means to secure the ear protector at the ear base location only.
They did not
suggest that the use of a "double rim" arrangement, where two elastic
fastening means
independently secure the device to the ear at separate locations, one being at
the orifice, and
therefore securing to the ear base, and the other being on the body, and
therefore securing to a
part of the ear away from the ear base, should be considered.
According to a second aspect, the invention provides an ear protection kit
comprising two ear
protectors according to the first aspect.

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The ear protectors are provided as a pair, of one protector for the left ear
and one ear
protector for the right ear. In this regard, it will be appreciated by the
skilled reader that a
person will have a left ear and a right ear that are usually substantially
mirror images of one
another. Therefore in one embodiment, the ear protectors are substantially
mirror images of
one another.
In one embodiment the kit further comprises a chemical-based hair treatment
product. For
example, the hair treatment product may comprise one or more product selected
from the
group consisting of hair bleaches, chemical relaxers, perm reagents, and hair
dyes.
Alternatively or additionally, the kit may further comprise a heat-based hair
treatment
product. For example, the hair treatment product may comprise one or more
product selected
from the group consisting of hairdryers, hair straighteners, hair tongs, and
hair curling wands.
Alternatively or additionally, the kit may further comprise a hair treatment
accessory. For
example, the hair treatment accessory may comprise one or more product
selected from the
group consisting of gloves, bowls, perm rods, hair clips, brushes, combs, hair
rollers, and
aluminium foil.
Detailed Description of the Invention
The present invention provides an ear protector which provides protection for
an ear during
hair treatment. Hair treatments may involve exposure of hair to chemicals
and/or heat.
The hollow body within which the ear is received is substantially impermeable
to water and
chemical-based hair treatment products, such that during a chemical-based hair
treatment the
ear does not come into contact with the chemical-based hair treatment product.
In particular,
it should be formed from material that is sufficiently impermeable to water
and chemical-
based hair treatment products that they do not permeate through the material
over a time
frame of 15 minutes or more, preferably 30 minutes or more, such as 45 minutes
or more or
an hour or more.
The chemical-based hair treatment product may be one or more product selected
from the
group consisting of hair bleaches, chemical relaxers, perm reagents, and hair
dyes.

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The hollow body within which the ear is received is preferably substantially
impervious to
water and chemical-based hair treatment products, such that during a chemical-
based hair
treatment the structural integrity of the hollow body is unaffected by contact
with the
chemical-based hair treatment product. In particular, it should be formed from
material that is
sufficiently impervious to water and chemical-based hair treatment products
that they do not
degrade the material over a time frame of 15 minutes or more, preferably 30
minutes or more,
such as 45 minutes or more or an hour or more.
The hollow body within which the ear is received is preferably substantially
resistant to heat,
such that during a heat-based hair treatment the structural integrity of the
hollow body is
unaffected by contact with the heat. In particular, it should be formed from
material that is
resistant to elevated temperatures of up to 200 C or up to 250 C. Heat based
hair treatments
may involve temperatures in the range of from 25 C to 200 C, such as from 25
C to 50 C for
hair drying and from 120 C to 190 C for curling or straightening treatments.
Therefore the
material should not degrade from exposure to heat in the range of rom 25 C to
200 C over a
time frame of 15 minutes or more, preferably 30 minutes or more, such as 45
minutes or more
or an hour or more.
The ear protector may be disposable. It may be a single use ear protector or
it may be re-
usable for one or more subsequent treatments. In this regard, it may be re-
usable for a two or
more treatments or five or more treatments or ten or more treatments. If it is
to be re-used it
will be washed after each use.
The hollow body is suitably formed from a polymeric material. This may be
natural or
synthetic. In one embodiment it may be formed from a natural or synthetic
rubber. In one
embodiment it may be formed from polyvinyl chloride (vinyl or PVC), nitrile
rubber
(acrylonitrile-butadiene copolymers), polychloroprene (neoprene) or isoprene
polymeric
material.
The hollow body is preferably formed from a polymeric material that is both
flexible and
elastic in nature, such that it can stretch and bend and yet return to its
previous shape.
In one embodiment the hollow body is formed of latex. This may be a natural
rubber latex,
such as Hevea natural rubber latex or a treated natural rubber latex (e.g.
Vytex natural rubber
latex) or may be synthetic rubber latex, such as butyl-based or petroleum-
based synthetic
rubber latex, for example it may be polyvinyl chloride, nitrile rubber or
polychloroprene.

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The ear protector is particularly envisaged for use by adults, but could be
used for teenagers
and optionally for children, especially older children, for example those aged
10 years old or
more. It could also be used for children aged under 10 years old. In some
embodiments it
may be useful for children who don't like getting water in their ears when
having their hair
washed or conditioned.
The skilled reader will appreciate that people have ears of different sizes
and shapes. The size
and shape of ears may depend upon factors such as the age, ethnicity, and
genetic heritage of
the person, and may be changed by damage to the ear, e.g. caused by sporting
injury.
Furthermore, an individual may have two ears which are of a different size or
shape. As such,
it will be appreciated that the ear protector of the present invention may be
provided in a
variety of different shapes and/or sizes to accommodate a variety of ear sizes
and shapes. It
could be envisaged, for example, that the ear protector could be provided in a
size intended
for older children, a size intended for teenagers, and in a range of sizes for
adults, e.g. small,
medium, large and extra-large sizes for adults.
However, in general the overall shape of an ear is recognisable and the
skilled person would
be able to readily identify that the cavity of the ear protector was "ear-
shaped".
The cavity will therefore have a cross-sectional shape that is substantially
kidney-shaped,
substantially oval or substantially D-shaped, in order to be able to receive
an ear.
The average adult female ear is 59mm in height and the average male ear 63mm
in height. In
boys the average ear height is 48mm at 6 months increasing to 55mm at 5 years
and 59mm at
10 years. These values are slightly reduced for girls.
Accordingly, the height of the cavity is suitably in the range of from 40mm to
100mm,
preferably from 45mm to 95mm, such as from 50mm to 90mm or from 50mm to 85mm
or
from 55mm to 80mm. In one embodiment the height of the cavity is in the range
of from
55mm to 75mm.
In one embodiment, the width of the cavity is in the range of from 20mm to
50mm, such as
from 25mm to 45mm or from 30mm to 45mm. In one embodiment the width of the
cavity is in
the range of from 30mm to 40mm.
It will be appreciated that when the ear is located in the cavity, the orifice
of the ear protector
will be located at or near the base of the ear, i.e. where the ear attaches to
the head.

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In one embodiment the orifice is substantially circular or oval in shape.
However, there is no
restriction on the shape that can be used as long as it permits an ear to pass
through and enter
into the cavity when it is in the open configuration.
5 The orifice suitably has a maximum diameter when in the open
configuration in the range of
from 40mm to 100mm, preferably from 45mm to 95mm, such as from 50mm to 90mm or
from
50mm to 85mm or from 55mm to 80mm. In one embodiment the maximum diameter when
in
the open configuration is in the range of from 55mm to 75mm.
10 The first fastening means biases the orifice into the reduced size
configuration. Accordingly,
when the ear is located in the cavity, and the orifice of the ear protector is
located at or near
the base of the ear, then unless a force is applied against the first
fastening means, then the
orifice is in the reduced size configuration and the ear cannot pass through
the orifice.
Therefore the first fastening means serves to secure the ear protector to the
ear at a location at
or near the base of the ear.
In one embodiment, the first fastening means serves to bias the orifice such
that some or all
of the orifice contacts the ear that is received within the cavity.
Preferably, the first fastening
means applies an engagement force to the ear at this location where contact
occurs. In one
embodiment this contact occurs at or near the base of the ear, i.e. where the
ear attaches to the
head.
Accordingly, in a preferred embodiment the first fastening means applies an
engagement
force at or near the base of the ear.
In one embodiment the first fastening means is substantially the same shape as
the orifice.
In one embodiment the first fastening means is substantially concentric with
the orifice.
However, in another embodiment the first fastening means is not concentric
with the orifice.
The first fastening means is suitably formed from a polymeric material. This
may be natural
or synthetic. In one embodiment it may be formed from a natural or synthetic
rubber. In one
embodiment it may be formed from polyvinyl chloride (vinyl or PVC), nitrile
rubber
(acrylonitrile-butadiene copolymers), polychloroprene (neoprene) or isoprene
polymeric
material.

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In one embodiment the first fastening means is formed of latex. This may be a
natural rubber
latex, such as Hevea natural rubber latex or a treated natural rubber latex
(e.g. Vytex natural
rubber latex) or may be synthetic rubber latex, such as butyl-based or
petroleum-based
synthetic rubber latex, for example it may be polyvinyl chloride, nitrile
rubber or
polychloroprene.
In one embodiment the first fastening means is formed of substantially the
same material as
the hollow body.
It may be that the first fastening means is thicker than the hollow body and
this increased
thickness of elastic material leads to the biasing force being applied. In one
embodiment the
material for the first fastening means is at least 1.5 times as thick as the
material for the
hollow body, e.g. at least 2 times as thick.
In one embodiment the first fastening means is located at or near to the
orifice. It may be that
the shortest distance between the first fastening means and the orifice is
15mm or less, or
lOmm or less, or 5mm or less; it may, for example, be from 0.1mm to 15mm, or
from 0.5mm
to 12mm, or from lmm to lOmm or from 2mm to 5mm.
The second fastening means biases the hollow body into the engaging
configuration.
Accordingly, when the ear is located in the cavity, and the orifice of the ear
protector is
located at or near the base of the ear, unless a force is applied against the
second fastening
means, then the hollow body is in the engaging configuration and the ear
cannot move freely
with respect to the cavity. Therefore the second fastening means serves to
secure the ear
protector to the ear at a location on the exterior surface of the ear.
In one embodiment, the second fastening means serves to bias the hollow body
such that a
portion of the hollow body contacts the ear that is received within the
cavity. Preferably, the
second fastening means applies an engagement force to the ear at this location
where contact
occurs.
Accordingly, in a preferred embodiment the second fastening means applies an
engagement
force to the ear at a location on the exterior surface of the ear. This is a
location distinct from
the base of the ear.
In one embodiment the location at which the second fastening means applies an
engagement
force to the ear comprises one or more of the following locations on the ear:
the tragus, the

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antitragus, the lobule, the cavum concha, the helix, the triangular fossa and
the sacaphoid
fossa. In one embodiment the second fastening means applies an engagement
force to the ear
at two or more of those locations on the ear, such as three or more.
In one embodiment the location at which the second fastening means applies an
engagement
force to the ear comprises one or more of the following locations on the ear:
the tragus, the
lobule, the cavum concha, and the triangular fossa. In one embodiment the
second fastening
means applies an engagement force to the ear at two or more of those locations
on the ear,
such as three or more.
In one embodiment the second fastening means applies an engagement force to
the ear at the
tragus and optionally at one or more of the lobule, the cavum concha, and the
triangular fossa.
In one embodiment the second fastening means applies an engagement force to
the ear at the
tragus and optionally at two or more of the lobule, the cavum concha, and the
triangular fossa.
In one embodiment the second fastening means is substantially the same shape
as the orifice.
In one embodiment the second fastening means is substantially the same shape
as the first
fastening means.
In one embodiment the second fastening means is substantially concentric with
the orifice.
However, in another embodiment the second fastening means is not concentric
with the
orifice.
.. In one embodiment the second fastening means is substantially concentric
with the first
fastening means. However, in another embodiment the second fastening means is
not
concentric with the first fastening means.
The second fastening means is suitably formed from a polymeric material. This
may be
natural or synthetic. In one embodiment it may be formed from a natural or
synthetic rubber.
In one embodiment it may be formed from polyvinyl chloride (vinyl or PVC),
nitrile rubber
(acrylonitrile-butadiene copolymers), polychloroprene (neoprene) or isoprene
polymeric
material.
In one embodiment the second fastening means is formed of latex. This may be a
natural
rubber latex, such as Hevea natural rubber latex or a treated natural rubber
latex (e.g. Vytex
natural rubber latex) or may be synthetic rubber latex, such as butyl-based or
petroleum-based

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synthetic rubber latex, for example it may be polyvinyl chloride, nitrile
rubber or
polychloroprene.
In one embodiment the second fastening means comprises material that is the
same material
as the hollow body.
In one embodiment the second fastening means is formed of substantially the
same material as
the hollow body.
In one embodiment the second fastening means is formed of the same material as
the hollow
body.
It may be that the second fastening means is thicker than the hollow body and
this increased
thickness of elastic material leads to the biasing force being applied. In one
embodiment the
material for the second fastening means is at least 1.5 times as thick as the
material for the
hollow body, e.g. at least 2 times as thick.
In one embodiment, the increased thickness of the second fastening means
provides improved
heat protection.
In one embodiment the second fastening means is provided as a raised portion.
Thus it
protrudes from the hollow body. In use, therefore, it provides a portion that
extends away
from the outer surface of the ear.
In one embodiment the second fastening means comprises material that is the
same material
as the first fastening means.
In one embodiment the second fastening means is formed of substantially the
same material as
the first fastening means.
In one embodiment the second fastening means is formed of the same material as
the first
fastening means.
In one embodiment the second fastening means, the first fastening means and
the hollow body
are all formed of substantially the same material.

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The second fastening means is located away from the first fastening means. It
may be that the
shortest distance between the second fastening means and the first fastening
means is 5mm or
more, or lOmm or more, or 15mm or more; it may, for example, be from 5mm to
40mm, or
from 5mm to 35mm, or from 5mm to 30mm, or from lOmm to 40mm or from lOmm to
35mm,
or from lOmm to 30mm.
By having a distance between the first fastening means and the second
fastening means, the
two engagement forces provided by the two fastening means are at two distinct
locations and
this leads to a more secure positioning of the ear protector on the ear.
In one embodiment the first fastening means and the second fastening means
have
substantially the same thickness of material.
In one embodiment the second fastening means is thicker than the first
fastening means. As
noted above, in one embodiment the second fastening means protrudes from the
body of the
ear protector, providing a raised portion. This can assist with heat
protection and ease of
handling.
In one embodiment the ear protector is provided with a protrusion on the outer
surface of the
hollow body. The protrusion is suitably sized and shaped to be able to be held
by a person, for
example between their finger and thumb, e.g. between their thumb and adjacent
index finger.
The person may be the person whose hair is being treated (and whose ear is
being protected),
or may be another person, e.g. a hairdresser or stylist, or a friend or family
member.
The protrusion can be used to move the ear forwards or downwards away from the
area of the
head behind the ear. This can facilitate access to hair behind the ear.
The protrusion can be used to facilitate removal of the ear protector from the
ear after the hair
treatment is complete.
In one embodiment the protrusion is located at a position away from the
orifice, so as to
provide good leverage when it is held and moved.
It may be that when the ear protector is in use, with the ear inside the
cavity, the protrusion is
located on the helix of the ear.

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In one embodiment the shortest distance between the protrusion and the orifice
is 20mm or
more, or 25mm or more, or 30mm or more; it may, for example, be from 20mm to
50mm, or
from 25mm to 50mm, or from 30mm to 50mm, or from 20mm to 45mm or from 25mm to
45mm, or from 30mm to 45mm.
5
In one embodiment the protrusion is located at a position that is the furthest
point on outer
surface of the hollow body away from the orifice.
Detailed Description of the Drawings
The invention will be further illustrated in a non-limiting manner by the
accompanying
drawings, in which:
Figure 1 is a view of an ear protector according to the invention.
Figure 2 is an illustration to assist understanding of how the ear protector
of
Figure 1 can be secured to an ear. In this illustration the ear protector is
shown as transparent so that the ear as contained therein can be seen, and
the protrusion is not shown.
Figure 3 is a view of a second ear protector according to the invention.
Figure 4 is an illustration to assist understanding of how the ear protector
of
Figure 3 can be secured to an ear. In this illustration the ear protector is
shown as transparent so that the ear as contained therein can be seen, and
the protrusion is not shown.
Figure 1 and Figure 3 each illustrate an ear protector 1 according to the
invention. The ear
protector 1 has a hollow body 2 that defines a cavity 2a suitable for
receiving an ear. The
hollow body 2 is formed from latex or other flexible and stretchable plastic
material. The
hollow body 2 has an orifice 3 which allows access to the cavity 2a. The
orifice 3 is
substantially oval in shape.
The orifice 3 has an open configuration in which an ear can pass through the
orifice and a
reduced size configuration in which said ear cannot pass through the orifice.

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In this regard, the ear protector 1 has a first fastening means 5a, wherein
the first fastening
means 5a substantially encircles the orifice 3 and is elastic in nature. The
first fastening
means 5a is formed from latex or other elastic plastic material. In one
embodiment it is the
same material as the hollow body 2, but having greater thickness. The elastic
nature of the
first fastening means 5a serves to bias the orifice 3 into the reduced size
configuration.
However, the first fastening means 5a can be stretched, e.g. by the user's
fingers, to place the
orifice 3 into the open configuration.
The hollow body 2 has a stretched configuration in which an ear can be freely
moved with
respect to the cavity 2a and an engaging configuration in which at least a
portion of the
hollow body 2 has a reduced size as compared to the stretched configuration
and in which
said ear cannot be freely moved with respect to the cavity 2a.
In this regard, the ear protector 1 has a second fastening means 5b, wherein
the second
fastening means 5b substantially encircles the first fastening means 5a and is
elastic in nature.
The second fastening means 5b is formed from latex or other elastic plastic
material. In one
embodiment it is the same material as the hollow body 2, but having greater
thickness.
As shown in Figure 3, the second fastening means 5b can form a raised portion
that extends
outwardly from the hollow body 2.
The elastic nature of the second fastening means 5b serves to bias the hollow
body 2 into the
engaging configuration. However, the second fastening means 5b can be
stretched, e.g. by the
user's fingers, to place the hollow body 2 into the stretched configuration.
The ear protector 1 is also provided with a protrusion 4 on the outer surface
of the hollow
body 2. The protrusion 4 is sized and shaped to be able to be held by a
person, between their
thumb and adjacent index finger.
The ear protector 1 therefore can have the first fastening means 5a stretched
and the second
fastening means 5b stretched, such that an ear can pass through the orifice 3
and can be
located into the cavity 2a. This may suitably be performed using a person's
fingers.
Once the ear protector 1 is in place, i.e. with the ear is received within the
cavity 2a, the first
and second fastening means 5a, 5b can be allowed to return to their
unstretched form. The
elastic nature of the first fastening means 5a serves to bias the orifice 3
into the reduced size
configuration and the elastic nature of the second fastening means 5b serves
to bias the

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17
hollow body 2 into the engaging configuration. Thus the orifice 3 is sized
such that the ear
cannot pass through the orifice, and the hollow body 2 has a reduced size as
compared to the
stretched configuration, such that the ear cannot be freely moved in and out
of the cavity 3.
.. Therefore the ear protector 1 is secured onto the ear using a "double rim"
arrangement. The
ear protector 1 is secured on the ear by the first fastening means 5a and by
the second
fastening means 5b.
The first fastening means 5a serves to bias the orifice 3 such that most or
all of the orifice 3
.. contacts the ear that is received within the cavity 2a. The first fastening
means 5a applies an
engagement force to the ear at this location where contact occurs. This
contact occurs at or
near the base of the ear, i.e. where the ear attaches to the head.
The second fastening means 5b serves to bias the hollow body 2 such that a
portion of the
hollow body at the location of the second fastening means 5b contacts the ear
that is received
within the cavity 2a. The second fastening means 5b applies an engagement
force to the ear at
this location where contact occurs.
The ear protector 1 of the present invention is therefore advantageous,
because there are two
discrete locations, at the positions of the first fastening means 5a and the
second fastening
means 5b, where the ear protector 1 is secured on the ear. Engagement forces
can therefore be
applied in two separate places, improving the stability of the ear protector 1
on the ear even
when it is knocked or rubbed. This therefore allows for enhanced manipulation
of the ear
during the hair treatment process without displacing the ear protector 1, for
example it is
.. possible to move the ear to access hair behind it.
In addition, the person whose hair is being treated will find the ear
protector 1 of the present
invention more comfortable to wear. The ear protector 1 will feel more secure
on their ear. In
addition, the engagement forces that secure the ear protector 1 to the ear can
be provided over
a larger area, due to the use of two discrete fastening means 5a, 5bõ and this
can mean that
discomfort from one localised force is minimised.
The protrusion 4 can be used to move the ear forwards or downwards away from
the area of
the head behind the ear. This can facilitate access to hair behind the ear.
The protrusion 4 can
be used to facilitate removal of the ear protector 1 from the ear after the
hair treatment is
complete. It will be seen that the protrusion 4 is located at a position away
from the orifice 3,
so as to provide good leverage when it is held and moved.

Representative Drawing
A single figure which represents the drawing illustrating the invention.
Administrative Status

2024-08-01:As part of the Next Generation Patents (NGP) transition, the Canadian Patents Database (CPD) now contains a more detailed Event History, which replicates the Event Log of our new back-office solution.

Please note that "Inactive:" events refers to events no longer in use in our new back-office solution.

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Event History

Description Date
Inactive: Dead - RFE never made 2023-10-11
Application Not Reinstated by Deadline 2023-10-11
Letter Sent 2023-07-13
Deemed Abandoned - Failure to Respond to Maintenance Fee Notice 2023-01-13
Deemed Abandoned - Failure to Respond to a Request for Examination Notice 2022-10-11
Letter Sent 2022-07-13
Letter Sent 2022-07-13
Common Representative Appointed 2020-11-08
Inactive: COVID 19 - Deadline extended 2020-07-02
Change of Address or Method of Correspondence Request Received 2020-05-08
Common Representative Appointed 2019-10-30
Common Representative Appointed 2019-10-30
Inactive: Cover page published 2019-01-23
Inactive: Notice - National entry - No RFE 2019-01-14
Application Received - PCT 2019-01-09
Inactive: IPC assigned 2019-01-09
Inactive: First IPC assigned 2019-01-09
National Entry Requirements Determined Compliant 2018-12-21
Application Published (Open to Public Inspection) 2018-01-18

Abandonment History

Abandonment Date Reason Reinstatement Date
2023-01-13
2022-10-11

Maintenance Fee

The last payment was received on 2021-07-06

Note : If the full payment has not been received on or before the date indicated, a further fee may be required which may be one of the following

  • the reinstatement fee;
  • the late payment fee; or
  • additional fee to reverse deemed expiry.

Please refer to the CIPO Patent Fees web page to see all current fee amounts.

Fee History

Fee Type Anniversary Year Due Date Paid Date
Basic national fee - standard 2018-12-21
MF (application, 2nd anniv.) - standard 02 2019-07-15 2019-07-08
MF (application, 3rd anniv.) - standard 03 2020-07-13 2020-07-09
MF (application, 4th anniv.) - standard 04 2021-07-13 2021-07-06
Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
CLAUDETTE DUNCAN
CAROLINE DUNCAN-BANCE
Past Owners on Record
None
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
Documents

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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Description 2018-12-21 17 814
Abstract 2018-12-21 1 81
Claims 2018-12-21 4 121
Drawings 2018-12-21 2 39
Representative drawing 2018-12-21 1 19
Cover Page 2019-01-14 1 55
Notice of National Entry 2019-01-14 1 193
Reminder of maintenance fee due 2019-03-14 1 110
Commissioner's Notice: Request for Examination Not Made 2022-08-10 1 515
Commissioner's Notice - Maintenance Fee for a Patent Application Not Paid 2022-08-24 1 550
Courtesy - Abandonment Letter (Request for Examination) 2022-11-22 1 549
Courtesy - Abandonment Letter (Maintenance Fee) 2023-02-24 1 550
Commissioner's Notice - Maintenance Fee for a Patent Application Not Paid 2023-08-24 1 550
National entry request 2018-12-21 7 150
International search report 2018-12-21 3 67
Patent cooperation treaty (PCT) 2018-12-21 1 38
Maintenance fee payment 2019-07-08 1 25