Note : Les descriptions sont présentées dans la langue officielle dans laquelle elles ont été soumises.
SYSTEM AND METHOD FOR GENERATING AND SELLING LICENSED
MERCHANDISE
FIELD OF THE INVENTION
[0001] The present invention relates to systems and methods for generating
and
selling licensed merchandise, and more particularly to systems and methods for
generating and selling licensed merchandise for artists, such as music
artists, and
designers of artwork, are properly compensated for licensed works.
BACKGROUND OF THE INVENTION
[0002] Many e-commerce sites exist on the Internet that sell unlicensed
merchandise with songs written and performed by music artists, images of or
related to
the music artists in digital form and on merchandise. accordingly, typically,
sale of such
merchandise is in contravention of copyright law.
[0003] Artistic designers often generate unauthorized artistic designs of
known
music artists, and do not have a licensing deal with the music artists and do
not pay the
music artists any royalties.
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[0004] Artists, such as music artists, do not have control over licensing
of
unauthorized merchandise having their copyrighted designs thereon, which the
music
artists rely on for deserved sales volumes.
[0005] The most relevant known prior art document will now be discussed.
[0006] One of the most relevant known prior art documents is Indian patent
document IN201941017459A published October 5, 2019, to Chandrasen, and
entitled
Networking and Marketing Application For Independent Music Professional
Entities And
Consumers. This document relates to Information and Communication Technology
(ICT) in the music industry, designed to empower every individual and entity
connected
to the music and performance industry across the globe to operate
independently, to be
able to directly reach out to and make their products & services available to
their
customers, fans and to the public, and actively integrate the audience into
the cycle of
creation, promotion and consumption greatly reducing the time, effort and
costs of
production, promotion while adding much value to the consumer. Designed to
address
issues related to artist revenues, that points to a large disconnect between
different
streams in the industry, it includes all possible entities related to the
music industry and
its consumers in its core functionality, to create and increase opportunities
for all kinds
of talent in the music and performance industry in one place.
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[0007] Another one of the most relevant known prior art documents is
United
States Patent No. 8,417,585 B2, issued April 9, 2013, to Durham III et al.,
and entitled
Search Methods For Creating Designs For Merchandise. This document discloses
systems and methods for creating designs that can be imprinted on articles of
merchandise. A wide range of designs may be selected by purchasers of
customized
merchandise, for one-off production or for production small or large quantity,
without
significantly compromising cost and speed of production. An online platform
for
selecting and combining designs in order to create customized merchandise that
can be
automatically manufactured. Searches of large design databases comprising
uniquely
identified design elements are enabled. The design elements can include one or
more
of fonts, colors, themes, shapes and images. Results of the searches can be
selectively
incorporated in customizable designs and can be embodied in merchandise.
[0008] Another one of the most relevant known prior art documents is
United
States Published Patent Application No. U520060265331 Al, published November
23,
2006, to Hughes et al., and entitled System And Method For Marketing Product.
This
document discloses a network technique for distribution of proprietary
products is
disclosed. The technique includes a direct distribution marketing component
whereby all
participants in the network can participate as creators, distributors, or end
users and
share in revenue streams.
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[0009] Another one of the most relevant known prior art documents is
United
States Published Patent Application No. US20130103596 Al, published April 25,
2013,
to Hayes et al., and entitled Denominated Authenticating Royalty Collection
and
Enforcement Process. This document discloses a denominated authenticating
royalty
collection and enforcement system and process. The invention includes a data
generation process including creation and assignment of a plurality of product
category
values. A process is provided to manufacture anti-fraud tags for merchandise.
One or
more merchandise vendors for the merchandise are licensed under the process.
Royalties are collected from the licensed merchandise vendors. The process
includes
the steps of supplying secure tags and authenticating the supply of the secure
tags.
Additionally, a procedure is provided for the public, licensees, licensor and
others to
visually authenticate that an appropriate royalty has been paid for a
particular product or
products.
[00010] It is an object of the present invention to provide a system and
method for
generating and selling licensed merchandise.
[00011] It is an object of the present invention to provide a system and
method for
generating and selling licensed merchandise on-demand.
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[00012] It is an object of the present invention to provide a system and
method for
generating and selling licensed merchandise and for music artists to grow and
engage
their community of fans.
[00013] It is an object of the present invention to provide a system and
method for
generating and selling licensed merchandise by providing a legitimate
platform.
[00014] It is an object of the present invention to provide a system and
method for
generating and selling licensed merchandise wherein artists, such as music
artists,
reserve full control over licensing.
[00015] It is an object of the present invention to provide a system and
method for
permitting review of a finished merchandise mockup that has been generated by
a
server and displayed by a computer screen.
[00016] It is an object of the present invention to provide a system and
method for
permitting acceptance or rejection of a finished merchandise mockup.
[00017] It is an object of the present invention to provide a system and
method for
permitting entry of identification information so that a registered artist can
be connected
to a licensing agreement previously signed by a registered designer.
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[00018] It is an object of the present invention to provide a system and
method for
permitting review of the submitted design by the identified artist.
[00019] It is an object of the present invention to provide a system and
method for
receiving acceptance or rejection of a submitted design by an identified
artist.
[00020] It is an object of the present invention to provide a system and
method for
reviewing a digital computer file that represents a submitted design, and
determining
acceptance or rejection of the submitted design based on predetermined
criteria.
[00021] Other objects, advantages, features, and characteristics of the
present
invention, as well as methods of operation and functions of the related
elements of the
structure, and the combination of parts and economies of manufacture, will
become
more apparent upon consideration of the following detailed description and the
appended claims with reference to the accompanying drawings, the latter of
which is
briefly described herein below.
SUMMARY OF THE INVENTION
[00022] In accordance with one aspect of the present invention, there is
disclosed
a novel method of producing merchandise. The method comprises the steps of:
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providing a computer system having (a) a database of files representing
licensed
designs for merchandise, and (b) software that permits management and
searching of
the database of files representing the licensed designs for merchandise;
receiving
instructions regarding the licensed designs in the database; determining
search
parameters based on the instructions terms; using the search parameters to
search the
database and thereby produce a search match result; retrieving from the
database,
according to the search match result, a digital file representing the licensed
design for
subsequent use in creating a merchandise product; transmitting the digital
file to a
computer system associated with a merchandise production system; and,
producing at
least one physical merchandise product based on the database file.
[00023] In accordance with one aspect of the present invention, there is
disclosed
a novel non-transitory, computer readable medium storing instructions
executable by a
processor of a server to: provide a portal for the uploading of designs and
related data
files into a computer system; receive the designs and related data files into
the
computer system; analyze the related data files with respect to a set of
criteria to
produce at least one storage parameter; and, store the designs in the database
based
on the at least one storage parameter.
[00024] In accordance with one aspect of the present invention, there is
disclosed
a novel non-transitory, computer readable medium storing instructions
executable by a
processor of a server to: (a) store at least one database of files
representing: registered
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designers; licensable designs created by the registered designers; licensed
designs
created by the registered designers; registered music artists; (b) manage the
licensable
designs including: receiving the licensable designs created by the registered
designers;
presenting the licensable designs to the registered music artists; receiving
searches of
the licensable designs by the registered music artists; transacting a license
agreement
for one of the licensable designs between one of the registered designers and
one of
the registered music artists; storing the transacted license agreement on the
database
in association with the licensed design; informing the registered designer and
the
registered music artist of the transacted license agreement.
[00025]
In accordance with one aspect of the present invention, there is disclosed
a novel non-transitory, computer readable medium storing instructions
executable by a
processor of a server to: (a) act as a tagging system by: receiving user
information and
generating related tags; receiving information related to a design and
generating related
tags; creating a listing of the designs for sale on the marketplace;
collecting tags and
associated information; storing tags and associated information on a database;
and,
subsequently using the tags for searching for listings in the marketplace,
reviewing
license request, choosing and flagging filters in auto licensing software,
determining
royalty distribution so funds are properly allocated, and creating ads and ad
campaigns
for listings.
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[00026] In accordance with one aspect of the present invention, there is
disclosed
a novel method of submitting created designs to be used in the production of
finished
merchandise. The method comprises the steps of a) signing into a computer
system
programmed to have (i) a database of files representing the created designs to
be used
in the production of the finished merchandise, and (ii) software that permits
management and searching of the database of files representing the created
designs to
be used in the production of the finished merchandise; b) uploading into the
database a
digital computer file that represents the design to be used in the production
of the
finished merchandise; c) accessing a computer screen that shows images of
articles of
unfinished merchandise that are available to receive the created designs
thereon to
become the finished merchandise; d) selecting at least one article of
unfinished
merchandise that may subsequently receive the image thereon; e) determining
the size
and location of the design on the selected article of unfinished merchandise;
f)
reviewing a finished merchandise mockup that has been generated by the server
and
displayed by the computer screen; g) accepting or rejecting the finished
merchandise
mockup; and h) repeating steps b) through g) until the desired finished
merchandise
mockups have been accepted.
[00027] In accordance with one aspect of the present invention, there is
disclosed
a novel method of submitting created designs to be used in the production of
finished
merchandise. The method comprises the steps of a) signing into a computer
system
programmed to have (i) a database of files representing the created designs to
be used
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in the production of the finished merchandise, and (ii) software that permits
management and searching of the database of files representing the created
designs to
be used in the production of the finished merchandise; b) entering artist
selection
information so that a registered artist can be connected to a license
agreement
previously signed by the registered designer; c) uploading into the database a
digital
computer file that represents the design to be used in the production of the
finished
merchandise; d) accessing a computer screen that shows images of articles of
unfinished merchandise that are available to receive the created designs
thereon to
become the finished merchandise; e) selecting at least one article of
unfinished
merchandise that may subsequently receive the image thereon; f) reviewing a
finished
merchandise mockup that has been generated and displayed by the computer
screen;
g) accepting or rejecting the finished merchandise mockup; and h) repeating
steps b)
through g) until the desired finished merchandise mockups have been accepted.
[00028]
In accordance with one aspect of the present invention, there is disclosed
a novel method of submitting created designs to be used in the production of
finished
merchandise. The method comprises the steps of a) signing into a computer
system
programmed to have (i) a database of files representing the created designs to
be used
in the production of the finished merchandise, (ii) software that permits
management
and searching of the database of files representing the created designs to be
used in
the production of the finished merchandise, (iii) a database representing
registered
designers, and (iv) a database representing registered artists; b) entering
sign-in
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information regarding a submitting designer whose information is in the
database; c)
uploading a digital computer file that represents a submitted design to be
used in the
production of the finished merchandise; d) entering artist selection
information; e)
reviewing the submitted design; f) accepting or rejecting the submitted
design; and g)
creating a license agreement based on acceptance by the identified artist,
wherein the
license agreement sets forth the identified artist, the submitting designer
and the
submitted design.
[00029]
In accordance with one aspect of the present invention, there is disclosed
a novel method of submitting created designs to be used in the production of
finished
merchandise. The method comprises the steps of a) signing into a computer
system
programmed to have (i) a database of files representing the created designs to
be used
in the production of the finished merchandise, (ii) software that permits
management
and searching of the database of files representing the created designs to be
used in
the production of the finished merchandise, (iii) a database representing
registered
designers, and (iv) a database representing registered artists; b) entering
sign-in
information regarding a submitting designer whose information is in the
database; c)
uploading a digital computer file that represents a submitted design to be
used in the
production of the finished merchandise; d) entering artist identification
information; e)
reviewing the submitted design; f) accepting or rejecting the submitted
design; g)
determine acceptance or rejection of the submitted design based on
predetermined
criteria; and i) creating a license agreement based on acceptance of the
submitted
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design based on predetermined criteria, wherein the license agreement sets
forth the
identified artist, the submitting designer and the submitted design.
[00030] In accordance with one aspect of the present invention, there is
disclosed
a novel non-transitory, computer readable medium storing instructions
executable by a
processor of a server to: a) store a database of files representing the
created designs to
be used in the production of the finished merchandise; b) receive a digital
computer file
that represents a submitted design to be used in the production of the
finished
merchandise; c) permit access to a computer screen that shows images of
articles of
unfinished merchandise that are available to receive the created designs
thereon to
become the finished merchandise; d) permit selection of at least one article
of
unfinished merchandise that may subsequently receive the image thereon; e)
permit
determination of the size and location of the design on the selected article
of unfinished
merchandise; f) permit review of a finished merchandise mockup that has been
generated by the server and displayed by the computer screen; g) permit
acceptance or
rejection of the finished merchandise mockup; and h) repeating steps b)
through g) until
the desired finished merchandise mockups have been accepted.
[00031] In accordance with one aspect of the present invention, there is
disclosed
a novel non-transitory, computer readable medium storing instructions
executable by a
processor of a server to: a) store a database of files representing the
created designs to
be used in the production of the finished merchandise; b) receive artist
selection
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information so that a registered artist can be connected to a license
agreement
previously signed by the registered designer; c) receive a digital computer
file that
represents a submitted design to be used in the production of the finished
merchandise;
d) permit access to a computer screen that shows images of articles of
unfinished
merchandise that are available to receive the created designs thereon to
become the
finished merchandise; e) permit selection of at least one article of
unfinished
merchandise that may subsequently receive the image thereon; f) permit review
of a
finished merchandise mockup that has been generated and displayed by the
computer
screen; g) permit acceptance or rejection of the finished merchandise mockup;
and h)
repeating steps b) through g) until the desired finished merchandise mockups
have
been accepted.
[00032]
In accordance with one aspect of the present invention, there is disclosed
a novel non-transitory, computer readable medium storing instructions
executable by a
processor of a server to: a) store a database of files representing the
created designs to
be used in the production of finished merchandise; b) store a database
representing
registered designers; c) store a database representing registered artists; d)
receive
identification information from a submitting designer whose information is in
the
database; e) receive a digital computer file that represents a submitted
design to be
used in the production of the finished merchandise; f) receive artist
identification
information; g) permit review of the submitted design by the identified
artist; h) receive
acceptance or rejection of the submitted design by the identified artist; and
i) create a
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license agreement based on acceptance by the identified artist, wherein the
license
agreement sets forth the identified artist, the submitting designer and the
submitted
design.
[00033]
In accordance with one aspect of the present invention, there is disclosed
a novel non-transitory, computer readable medium storing instructions
executable by a
processor of a server to: a) store a database of files representing the
created designs to
be used in the production of finished merchandise; b) store a database
representing
registered designers; c) store a database representing registered artists; d)
receive
identification information from a submitting designer whose information is in
the
database; e) receive a digital computer file that represents a submitted
design to be
used in the production of the finished merchandise; f) receive artist
identification
information; g) review the digital computer file that represents the submitted
design; h)
determine acceptance or rejection of the submitted design based on
predetermined
criteria; and i) create a license agreement based on acceptance of the
submitted design
based on predetermined criteria, wherein the license agreement sets forth the
identified
artist, the submitting designer and the submitted design.
BRIEF DESCRIPTION OF THE DRAWINGS
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[00034] The novel features which are believed to be characteristic of the
apparatus according to the present invention, as to its structure,
organization, use and
method of operation, together with further objectives and advantages thereof,
will be
better understood from the following drawings in which a presently known
embodiment
of the invention will now be illustrated by way of example. It is expressly
understood,
however, that the drawings are for the purpose of illustration and description
only and
are not intended as a definition of the limits of the invention. In the
accompanying
drawings:
[00035] Figure 1 is a flow chart of the system and method according to the
present invention, specifically showing various aspects of merchandise
ordering and
production;
[00036] Figure 2 is a flow chart of the system and method according to the
present invention, specifically showing additional aspects of merchandise
ordering and
production;
[00037] Figure 3 is a flow chart of the system and method according to the
present invention, specifically showing various aspects of automatic uploading
of
designs;
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[00038] Figure 4 is a flow chart of the system and method according to the
present invention, specifically showing various aspects of presenting designs
to music
artists for approval;
[00039] Figure 5 is a flow chart of the system and method according to the
present invention, specifically showing various aspects of the tagging system;
[00040] Figure 6 is a flow chart of the system and method according to the
present invention,;
[00041] Figure 7 is a flow chart of the system and method according to the
present invention;
[00042] Figure 8 is a screenshot of the system and method according to the
present invention;
[00043] Figure 9 is a screenshot of the system and method according to the
present invention;
[00044] Figure 10 is a screenshot of the system and method according to
the
present invention;
[00045]
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[00046] Figure 11 is a screenshot of the system and method according to
the
present invention;
[00047]
[00048] Figure 12 is a screenshot of the system and method according to
the
present invention;
[00049] Figure 13 is a screenshot of the system and method according to
the
present invention;
[00050] Figure 14 is a screenshot of the system and method according to
the
present invention;
[00051] Figure 15 is a screenshot of the system and method according to
the
present invention;
[00052] Figure 16 is a screenshot of the system and method according to
the
present invention;
[00053] Figure 17 is a screenshot of the system and method according to
the
present invention;
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[00054] Figure 18 is a screenshot of the system and method according to
the
present invention;
[00055] Figure 19 is a screenshot of the system and method according to
the
present invention; and,
[00056] Figure 20 is a screenshot of the system and method according to
the
present invention.
LIST OF REFERENCE NUMERALS AND ELEMENTS
100 method
102 merchandise
110 computer system
120 database of files
122 portal
130 software
140 box for uploading of designs
142 receive the designs
144 analyze the designs
148 royalty payments stored
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150 instructions to purchase the merchandise
152 receive instructions regarding the licensed designs
154 determine search parameters based on the instructions terms
156 search parameters are used to search the database
158 retrieve according to the search match result, a digital file
representing the
licensed design
160 royalty payment amounts calculated (Box 160)
170 computer system associated with a merchandise production system
180 registered music artists can review licensing requests from designers
182 registered music artists and registered designers can review sales,
earnings and
analytics
184 review and customize merchandise store page layouts and information
186 review generated ads and manage their campaigns
200 non-transitory, computer readable medium 210s
210 computer system
212 portal
220 designs and related data files are received into the computer system
222 designs and related data files are received into the computer system
224 related data files are analyzed
226 at least one storage parameter
230 designs are also categorized
232 graphic representation of the designs may be made available
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234 remote computer
236 royalty payment percentages for the contributor of the design
238 database information related to the relevant artist
300 non-transitory, computer readable medium
310 computer system
320 database of files representing at least, registered designers
322 licensable designs
324 licensed designs
326 registered designers, and registered music artists
330 receiving the licensable designs
332 presenting the licensable designs to the registered music artists
334 registered music artists can approve or deny licensing request
336 receive searches
340 transacted license agreement
400 non-transitory, computer readable medium
410 computer system
420 receiving user information and generating related tags
422 receiving information related to a design and generating related tags
424 creating a listing of the designs for sale on the marketplace
426 collecting tags and associated information
428 storing tags and associated information on a database
430 creating ads and ad campaigns for listings
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500 computer readable medium
502 processor
504 server
505 software that permits management and searching of the database of files
506 database
507 finished merchandise
507a design(s)
507m setting the margin on a product
508a registered designer
508b signed-in registered designer
509a registered artist
509b selected registered artist
510 computer system
511 portal(s)
512 database representing registered designers
514 designer identification information is received
514a designer identification information
516 database representing registered artists
518 artist identification information is received
518a artist identification information
519 artist selection information
520 database of files representing the created designs
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521 uploading of created design
522 digital computer file
523 submitted design
524 computer screen
525 analysis for various features
526 unfinished merchandise
526a images of articles of unfinished merchandise
526b finished merchandise mockup
526c comments
527 review of a finished merchandise mockup
528 license agreement
530 registered designer signing into a computer system
532 selection of at least one article of unfinished merchandise
534 registered designer selects a registered artist
536 submitted design by the selected artist
538 license agreement created
540 uploading into the database
542 accessing a computer screen
544 selecting at least one article of unfinished merchandise
546 determining the size and location of the design
550 accepting or rejecting the finished merchandise mockup
552 submitted design may also be analyzed for various features
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554 tags
556 entering artist selection information
558 entering sign-in information regarding a submitting designer
560 customer(s)
DETAILED DESCRIPTION OF THE ILLUSTRATED EMBODIMENT
[00057] One of the main features of the present system according to the
present
invention is that copyright owners are paid their due royalties. The copyright
owners
maybe music artists that have copyrights associated with songs or images.
Also, the
copyright owners may be designers who have copyright associated with images
that
they have created. The designs created by designers might have something to do
with
the music artists registered in the computer database. In other words, a
designer might
do a drawing of a music artist and present the design to the music artist,
through the
present system, in an attempt to make a royalty deal, as will be discussed in
greater
detail subsequently. Alternatively, designs created by the designers maybe
completely
freelance designs that have nothing to do with the music artists in the
database and no
legal connection what else, in which case the designers are the only ones who
would
receive royalties from the sales of merchandise with these designs thereon.
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[00058] Reference will now be made to Figures 1 and 2, which show a method
100 of producing merchandise 102. The method 100 of producing merchandise 102
comprises the following steps.
[00059] A computer system 110 is provided that has (a) a database of files
120
representing licensed designs for merchandise. These designs are created by
designers, who typically owned the copyright, and are subsequently participle
on
various types of merchandise, including plaques, shirts, sweatshirts, hoodies,
hats, and
so on. The products for sale are typically categorized by type of product.
[00060] The computer system also has (b) software 130 that permits
management
and searching of the database of files 120 representing the licensed designs
for
merchandise. A portal 122 is provided for the uploading of designs in the
computer
system, as indicated by box 140. The next steps are to receive the designs
(box 142),
to analyze the designs (box 144) and store the designs in the database.
Royalty
allocation amounts in terms of amounts due to music artists and due to
designers for
each type of merchandise and each specific design are stored in the database
148.
[00061] One fundamental purpose of the present invention is merchandise
sales.
In order to purchase merchandise, a user, who may be registered in the
database, but
does not need to be registered in the database, may sign into the system and
provide
instructions to search the system for one or more desired designs, and one or
more
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items of desired merchandise, and then provide instructions (box 150) to
purchase the
merchandise 102 with the design(s) 104 thereon. At that point, the user
becomes a
potential purchaser. Accordingly, the software of the computer system is
programmed
to receive instructions (box 152) regarding the licensed designs in the
database. The
instructions might comprise a purchase instruction, including payment
information.
[00062] Once the instructions have been received, the software in the
computer
system can determine search parameters (box 154) based on the instructions
terms.
The search parameters are used (box 156) to search the database and thereby
produce
a search match result, or in other words find and identify the desired
merchandise and
desired design(s).
[00063] The computer system is also programmed to retrieve (box 158) from
the
database, according to the search match result, a digital file representing
the licensed
design for subsequent use in creating a merchandise product. The digital file
may be
transmitted to the potential purchaser for verification and transaction.
[00064] Once the purchase is transacted, the digital file and related
information
may be transmitted to a computer system 170 associated with a merchandise
production system so that at least one physical merchandise product 102 based
on the
database file can be produced. The production of at least one physical
merchandise
product based on the database file can then be done.
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[00065] Once the specific merchandise is produced and shipped, the
appropriate
royalty payment amounts can be calculated (Box 160) based on the sale of the
products. Further, the computer system can initiate royalty payments to the
listed
parties based on the royalty payment amounts.
[00066] As can be seen in Figure 2, a registered designer can do many
things
including upload designs (box 140). Further, registered music artists can
review
licensing requests from designers (box 180). Registered music artists and
registered
designers can review sales, earnings and analytics (box 182), can review and
customize merchandise store page layouts and information (box 184), and review
generated ads and manage their campaigns (box 186).
[00067] Reference will now be made to Figure 3, which shows how users are
able
to upload any design and automatically have it listed and available to
purchase various
types of merchandise including an assortment of print-on-demand products, such
as
plaques, shirts, sweatshirts, hoodies, hats, and so on.
[00068] The present invention provides a non-transitory, computer readable
medium 200 storing instructions executable by a processor of a server in a
computer
system 210 to do the steps discussed below.
- 26 -
Date Recite/Date Received 2023-03-30
[00069] A portal 212 is provided for the uploading of designs and related
data files
(box 220) into a computer system 210. The designs and related data files are
received
into the computer system 210 (box 222). The related data files are analyzed
(box 224)
with respect to a set of criteria to produce at least one storage parameter
226. The
designs are stored in the database (box 228) based on the at least one storage
parameter 226. The designs are also categorized by type of product that can be
produced and by artist, genre of design, and the like (box 230). A graphic
representation of the designs may be made available (box 232) for display on a
remote
computer 234. Royalty payment percentages for the contributor of the design
can be
calculated (box 236) and the royalty payment percentages can be linked to
database
information related to the relevant artist (box 238).
[00070] Reference will now be made to Figure 4, which shows how designers
are
able to present designs to music artists for approval.
[00071] The present invention provides a non-transitory, computer readable
medium 300 storing instructions executable by a processor of a server in a
computer
system 310 to do the steps discussed below.
[00072] The computer system 310 is programmed to store database of files
representing at least, registered designers 320, licensable designs 322
created by the
- 27 -
Date Recite/Date Received 2023-03-30
registered designers 320, licensed designs 324 created by the registered
designers,
and registered music artists 326.
[00073] The computer system 310 is also programmed to manage the licensable
designs, for subsequently turning the licensable designs into licensed
designs, including
receiving the licensable designs (box 330) created by the registered designers
and
presenting the licensable designs to the registered music artists (box 332).
The
registered music artists can (boxes 334) approve or deny licensing requests,
can
message the registered designers, can collaborate with the registered
designers, and
can request revisions from the registered designers, all via the computer
system 310.
[00074] In the event that the registered designer and the registered music
artist
are one and the same, the transacted license agreement is automatically
generated.
[00075] The computer system 310 is also programmed to receive searches (box
336) of the licensable designs by the registered music artists, so that
registered music
artists can find the most suitable licensable designs and negotiate and
transact a
license agreement for one of the licensable designs. The license agreement
would be
between one of the registered designers and one of the registered music
artists. The
registered music artists can also request original design work from the
registered
designers.
- 28 -
Date Recite/Date Received 2023-03-30
[00076] Once the license agreement is transacted, the transacted license
agreement 340 is stored on the database in association with the licensed
design. The
computer system 310 can then inform the registered designer and the registered
music
artist of the transacted license agreement. Subsequently to a design being
licensed
and stored in the computer system 310, the licensed design on the database can
be
presented for inclusion on a physical product for sale.
[00077] In another aspect of the present invention, as seen in Figure 5,
there is a
non-transitory, computer readable medium 400 storing instructions executable
by a
processor of a server that is part of the computer system 410, to act as a
tagging
system by:
= receiving user information and generating related tags (box 420);
= receiving information related to a design and generating related tags
(box
422);
= creating a listing of the designs for sale on the marketplace (box 424);
= collecting tags and associated information (box 426);
= storing tags and associated information on a database (box 428); and,
= subsequently using the tags for searching for listings in the
marketplace,
reviewing license request, choosing and flagging filters in auto licensing
software,
determining royalty distribution so funds are properly allocated, and creating
ads
and ad campaigns for listings (box 430).
- 29 -
Date Recite/Date Received 2023-03-30
[00078] Reference will now be made to Figures 6 through 20 to illustrate a
further
aspect of the present invention. In brief, the present invention is used to
receive and
store designs by designers registered in a computer system 510, permit
selection of the
designs with artists registered in the computer system 510, permit acceptance
by the
selected artists of the designs, generate and present finished merchandise
mockups
526b of finished merchandise 507 for subsequent sale by the computer system
via the
internet 508. A portal 511 is provided for the many activities of the various
designers,
as indicated by labelled box 519, 521, 530, 532, 534, 540, 542, 544, 546, 550,
552, 556,
and 558, artists 509a, and customers 560.
[00079] In another aspect, the present invention comprises a non-
transitory,
computer readable medium 500 storing instructions executable by a processor
502 of a
server 504 to do the following as described below. The various data and
information
and the like that are received and/or used and/or processed and/or stored, and
so on,
by the present invention may be stored on the aforesaid non-transitory,
computer
readable medium 500 and/or may be stored on another suitable storage medium.
The
server, the processor, and the non-transitory, computer readable medium 500
may be
considered to be part of an overall computer system 510.
[00080] A database (box 512) representing registered designers is stored
on the
aforesaid non-transitory, computer readable medium 500 and/or may be stored on
another suitable storage medium. Designer identification information is
received (box
- 30 -
Date Recite/Date Received 2023-03-30
514) from the submitting designers and is stored in the database 506. The
designer
identification information 514a may be entered into a computer input screen
such as
that shown in Figure 8. This represents the initial sign-up procedure for
designers, so
that they may become registered designers 508 within the computer system 510.
Part
of the designer identification information comprises designer sign-in
information (also
known as log-in information), which would typically be a username and a
password.
The designer sign-in information is entered by and received from a registered
designer
508a whose information is stored in the computer system each time the
registered
designer 508a wants to access the computer system and perhaps submit a design,
check on royalty payments, view registered artists, view license agreements,
and so on.
[00081]
Also, a database (box 516) representing registered artists is stored.
Figure 9 shows artist identification information 518a saved in the database
representing
registered artists 516. This information can also be edited (see Figure 16).
The artist
identification information is received (arrow 518) from the artists as they
sign up to
become registered artists 509a, and is stored in the database 510. This
represents the
initial sign-up procedure for artists, so that they may become registered
artists 509a
within the computer system 510. The artist sign-in information is entered by
and
received from a registered artist 509a whose information is stored in the
computer
system 510 each time the registered artist 509a wants to access the computer
system
510 and perhaps verify a submitted design 523 that has being submitted by the
- 31 -
Date Recite/Date Received 2023-03-30
registered designer 508a, check on royalty payments, view registered artists
or
registered designers, view license agreements, and so on.
[00082] A database (box 520) of files representing the created designs are
stored
to be used in the production of the finished merchandise 507. A digital
computer file
522 that represents a design maybe uploaded (box 521) by the registered
designer
508a (see Figure 11), who is signed in, and therefore is received by the
server 504 so
as to be used in the production of the finished merchandise 507. The digital
computer
file 522 then represents a submitted design 523.
[00083] After a registered designer 508a has signed in, access by the
designer of
the submitted design 523 is permitted to a computer screen 524 that shows
images
526a of articles of unfinished merchandise 507u (see Figure 6). The unfinished
merchandise 526 is available to receive the created designs thereon to become
the
finished merchandise 507, or in other words design product (see box 523A in
Figure 7).
Selection (box 532) of at least one article of unfinished merchandise 526 that
may
subsequently receive the image thereon is permitted (also see box 532 in
Figure 7) by
clicking on an appropriate,nd box or the like on the computer screen 524. The
submitted design 523 may also be analyzed (box 525) for various features. The
analysis 525 may include determination of the size and location of the design
on the
selected 526a image of an article of unfinished merchandise 507u is permitted
by
moving the design and resizing the design using a computer mouse, or a touch
screen,
- 32 -
Date Recite/Date Received 2023-03-30
or any other suitable means (see Figures 12, 13 and 14). The size and location
of the
design on the selected 526a image of an article of unfinished merchandise 507u
are
represented by parameters including the image of the product template, image
of the
uploaded design, pixel percentage spacing from the top to bottom of the
uploaded
design, the pixel percentage spacing from left to right of the uploaded
design, and the
angle of the image is oriented at. Review (box 527) of a finished merchandise
mockup
526b that has been generated by the server and displayed by the computer
screen 524
(Figure 13 and Figure 14) is permitted by the registered designer 508a and the
selected
artist(s) 509b. The finished merchandise mockup 526b is also saved (see box
526s) in
the server 504.
[00084]
The registered designer 508a may also select (box 534) a registered artist
from the database 516 representing registered artists. Once the registered
artist is
selected, the finished merchandise mockup 526b can be matched to the
registered
artist 509a.
[00085]
In order to complete the task of preparing a finished merchandise mockup
526b of finished merchandise 507 for subsequent sale by the computer system, a
finished merchandise mockup 526b is displayed on the computer screen 524 and
acceptance or rejection of the finished merchandise mockup 526b by the
registered
designer 508a is permitted by clicking on an appropriate,nd (box 536) or the
like on the
computer screen 524.
Typically, the acceptance or rejection of the finished
- 33 -
Date Recite/Date Received 2023-03-30
merchandise mockup 526b by the registered designer 508a is performed by the
registered designer 526 of the created design at the time of uploading (see
box 521 in
Figures 6 and 7) the digital computer file 522 that represents the design,
such that it is
received into the database 520. Also typically, the acceptance or rejection of
the
finished merchandise mockup 526b by the designer is performed by the selected
registered artist 509b in the database subsequent to the time of uploading
into the
database 520 the digital computer file 522 that represents the design.
[00086] The analysis 525 of the design may also include checking for
unacceptable content such as profanity, nudity, violence, and so on.
[00087] The submitted design 523 may also be categorized (box 536). The
categorization may include the discernment of attributes or characteristics of
the design
such as music genre, whether there are pictures, whether there are drawings or
other
representations, whether there are words or characters or numbers, and so on.
[00088] The above discussed steps are repeating until the desired finished
merchandise mockups 526b have been accepted.
[00089]
- 34 -
Date Recite/Date Received 2023-03-30
As can be readily seen in Figure 15, registered artists 509a can provide
feedback to the
register designers 508a regarding their designs by viewing the finished
merchandise
mockups 526b and leaving comments 526c.
[00090] In the illustrated embodiments, the digital computer file that
represents the
design is tagged. The tags 554 may include information about the registered
artist,
information about the registered designer, information about the genre of the
design,
and information about the theme of the design.
[00091] The present invention also permits review (box 536) of the
submitted
design 523 by the selected artist 509b. The server 504 can receive acceptance
or
rejection of the submitted design 523 by the selected artist. There is also
the possible
sub-step of receiving a request for alteration from the selected artist. If
the submitted
design 523 is accepted by the selected artist, a license agreement 528 can be
created
(box 538) based on the acceptance by the selected artist. The license
agreement 528
sets forth the selected artist, the submitting designer and the submitted
design 523.
The license agreement 528 may be made available on the server 504 to the
registered
artist 509a and the registered designer 509b or may be forwarded to the
registered
artist 509a and the registered designer 508a.
[00092] The digital computer file 522 that represents the submitted design
523
may also be reviewed and accepted or rejected by the computer system 510. The
- 35 -
Date Recite/Date Received 2023-03-30
acceptance or rejection of the submitted design 523 may be determined based on
predetermined criteria. This step may be performed automatically. A license
agreement 528 may be created based on acceptance of the submitted design 523
based on predetermined criteria. The license agreement 528 may set forth the
selected
artist, the submitting designer and the submitted design 523.
[00093] In order that the registered designers 508 and the registered
artists 509a
are each properly compensated according to any license agreement, the royalty
payments due are determined (box 538) and also stored on the server 504. In
one
embodiment, it is contemplated that the royalty split this set at 80/20 (80%
for the
registered artist 509a and 20% for the registered designer 508). This royalty
split can
also be used as a basis to work from, and the registered artist 509a can also
revise the
royalty split, and also choose the margin / price of each article of finished
merchandise
507 by setting the margin on a product (arrow 507m in Figure 14).
[00094] In another aspect, the present invention comprises a method of
submitting
created designs to be used in the production of finished merchandise 507. The
method
comprising the steps of:
a) a registered designer 508a signing into (box 530) a computer
system 510
programmed to have (i) a database 520 of files representing the created
designs to be
used in the production of the finished merchandise 507, and (ii) software 505
that
permits management and searching of the database of files representing the
created
- 36 -
Date Recite/Date Received 2023-03-30
designs to be used in the production of the finished merchandise 507;
b) the signed-in registered designer 508b uploading (box 540) into the
database 520 a digital computer 522 file that represents the design to be used
in the
production of the finished merchandise 507;
c) the signed-in registered designer 508b accessing (box 542) a computer
screen 524 that shows images of articles of unfinished merchandise 526 that
are
available to receive the created registered designs thereon to become the
finished
merchandise 507;
d) the signed-in registered designer 508b selecting (box 544) at least one
article of unfinished merchandise 526 that may subsequently receive the image
thereon;
e) the signed-in registered designer 508b determining (box 546) the size
and
location of the design on the selected article of unfinished merchandise 507u;
f) the signed-in registered designer 508b reviewing (box 527) a finished
merchandise mockup 526b that has been generated by the server 504 and
displayed by
the computer screen 524; and,
9) the signed-in registered designer 508b or the selected registered
artist
509b or the computer system itself accepting or rejecting (box 550) the
finished
merchandise mockup 526b.
[00095] Steps b) through g) immediately above would be repeated until the
desired finished merchandise mockups 526 have been accepted.
- 37 -
Date Recite/Date Received 2023-03-30
[00096] The submitted design 523 may also be analyzed (box 552) for various
features. The analysis may include determination of the size and location of
the design
on the selected article of unfinished merchandise 507u is permitted by moving
the
design and resizing the design using a computer mouse, or a touch screen, or
any other
suitable means. The size and location of the design on the selected article of
unfinished
merchandise 507u are represented by parameters including the image of the
product
template, image of the uploaded design, pixel percentage spacing from the top
to
bottom of the uploaded design, the pixel percentage spacing from left to right
of the
uploaded design, and the angle of the image is oriented at. Review of a
finished
merchandise mockup 526b that has been generated by the server 504 and
displayed by
the computer screen 524 is permitted by the signed-in registered designer 508b
and the
selected registered artist(s) 509b.
[00097] As set forth above, in order that the registered designers 508 and
the
registered artists 509a are each properly compensated according to any license
agreement, the royalty payments due are determined and also stored on the
server. In
one embodiment, it is contemplated that the royalty split this set at 80/20
(80% for the
registered artist 509a and 20% for the registered designer 508a). This royalty
split can
also be used as a basis to work from, and the registered artist can also
revise the
royalty split, and also choose the margin / price of each article of finished
merchandise
507.
- 38 -
Date Recite/Date Received 2023-03-30
[00098] The step g) accepting or rejecting (box 550) the finished
merchandise
mockup 526b, may be performed by the signed-in registered designer 508b at the
time
of uploading (box 550) into the database 520 the digital computer file 522
that
represents the design, or may be performed by a registered artist 509a in the
database
subsequent to the time of uploading (box 550) into the database the digital
computer file
522 that represents the design.
[00099] The size and location of the design on the selected article of
unfinished
merchandise 507u may be represented by parameters including the image of the
product template, image of the uploaded design, pixel percentage spacing from
the top
to bottom of the uploaded design, the pixel percentage spacing from left to
right of the
uploaded design, and the angle of the image is oriented at. The digital
computer file
522 that represents the design may be tagged. The tags 554 may include
information
about the registered artist, information about the registered designer 508a,
information
about the genre of the design, and information about the theme of the design.
[000100] In order that the registered designers 508 and the registered
artists 509a
are each properly compensated according to any license agreement 528, the
royalty
payments due are determined and also stored on the server 504. In one
embodiment, it
is contemplated that the royalty split this set at 80/20 (80% for the
registered artist and
20% for the registered designer 508). This royalty split can also be used as a
basis to
- 39 -
Date Recite/Date Received 2023-03-30
work from, and the registered artist can also revise the royalty split, and
also choose the
margin / price of each article of finished merchandise 507.
[000101] In another aspect, the present invention comprises submitting
created
designs to be used in the production of finished merchandise 507, the method
comprising the steps of:
a) a registered designer 508a signing into (box 530) a computer system 510
programmed to have (i) a database 520 of files representing the created
designs to be
used in the production of the finished merchandise 507, and (ii) software 505
that
permits management and searching of the database 520 of files representing the
created designs to be used in the production of the finished merchandise 507;
b) the signed-in registered designer 508b entering (box 556) artist
selection
information 519 so that a registered artist can be connected to a license
agreement 528
previously signed by the signed-in registered designer 508b;
c) the signed-in registered designer 508b uploading into the database a
digital computer file that represents the design to be used in the production
of the
finished merchandise 507;
d) the signed-in registered designer 508b accessing a computer screen 524
that shows images of articles of unfinished merchandise 526 that are available
to
receive the created designs thereon to become the finished merchandise 507;
e) the signed-in registered designer 508b selecting at least one article of
unfinished merchandise 507u that may subsequently receive the image thereon;
- 40 -
Date Recite/Date Received 2023-03-30
f) the signed-in registered designer 508b reviewing a finished
merchandise
mockup 526b that has been generated and displayed by the computer screen 524;
and,
9) the signed-in registered designer 508b or a registered artist 509
or the
computer system 510 itself accepting or rejecting the finished merchandise
mockup
526b.
[000102] Steps b) through g) immediately above would be repeated until the
desired finished merchandise mockups 526 have been accepted.
[000103] In another aspect, the present invention comprises a method of
submitting
created designs to be used in the production of finished merchandise 507, the
method
comprising the steps of:
a) a registered designer 508a signing into (box 530) a computer system 510
programmed to have (i) a database 520 of files representing the created
designs to be
used in the production of the finished merchandise 507, (ii) software 505 that
permits
management and searching of the database 520 of files representing the created
designs to be used in the production of the finished merchandise 507, (iii) a
database
512 representing registered designers, and (iv) a database 516 representing
registered
artists;
b) the signed in registered designer 508a entering (box 558) sign-in
information regarding a submitting designer 508b whose information is in the
database
512 representing registered designers;
- 41 -
Date Recite/Date Received 2023-03-30
C) the signed-in registered designer 508b uploading (box 540) a
digital
computer file that represents a submitted design 523 to be used in the
production of the
finished merchandise 507;
d) the signed in registered designer 508a entering (box 556) artist
selection
information 519 so that a registered artist 509a can be connected to a license
agreement 528 previously signed by the registered designer 508a;
e) the signed-in registered designer 508b or the selected registered artist
509b or the computer system 510 itself reviewing the submitted design 523,
possibly as
part of the finished merchandise mockup 526b:
f) the signed-in registered designer 508b or the selected registered artist
509b or the computer system 510 itself accepting or rejecting (box 550) the
finished
merchandise mockup 526b; and,
g) creating a license agreement 528 based on acceptance by the selected
artist 509b, wherein the license agreement 528 sets forth the selected artist,
the
submitting designer and the submitted design 523.
[000104] The present invention may also include the possible sub-step (box
562) of
receiving a request for alteration from the selected artist.
[000105] In another aspect, the present invention comprises a method of
submitting
created designs to be used in the production of finished merchandise 507, the
method
comprising the steps of:
- 42 -
Date Recite/Date Received 2023-03-30
a) a registered designer 508a signing into (box 530) a computer system 510
programmed to have (i) a database 520 of files representing the created
designs to be
used in the production of the finished merchandise 507, (ii) software 505 that
permits
management and searching of the database 520 of files representing the created
designs to be used in the production of the finished merchandise 507, (iii) a
database
512 representing registered designers, and (iv) a database 516 representing
registered
artists;
b) the signed in registered designer 508a entering (box 558) sign-in
information regarding a submitting designer 508b whose information is in the
database
512 representing registered designers;
c) the signed-in registered designer 508b uploading (box 540) a digital
computer file that represents a submitted design 523 to be used in the
production of the
finished merchandise 507;
d) the signed-in registered designer 508b entering (box 556) artist
selection
information 519 so that a registered artist 508b can be connected to a license
agreement 528 previously signed by the registered designer 508a;
e) the signed-in registered designer 508b or the selected registered artist
509b or the computer system 510 itself reviewing the submitted design 523,
possibly as
part of the finished merchandise mockup 526b:
f) the signed-in registered designer 508b or the selected registered artist
509b or the computer system 510 itself accepting or rejecting the submitted
design 523,
wherein the acceptance or rejection of the submitted design 523 may be based
on
- 43 -
Date Recite/Date Received 2023-03-30
predetermined criteria; and,
g) creating a license agreement 528 based on acceptance of the
submitted
design 523 based on predetermined criteria.
[000106] The license agreement 528 sets forth the selected artist, the
submitting
designer and the submitted design 523. The step of creating a license
agreement 528
may be performed automatically.
[000107] In order to sell finished merchandise 507, a user, who may be
registered
in the database, but does not need to be registered in the database, may sign
into the
computer system 510 and provide instructions to search (box 560) the system
for one or
more desired designs from the database of files representing the created
designs (sse
figure , and one or more items of desired merchandise, and then provide
instructions
(box 562) to purchase the merchandise 507 with the design(s) 507a thereon. At
that
point, the user becomes a potential purchaser. Accordingly, the software of
the
computer system 510 is programmed to receive instructions (box 564) regarding
the
licensed designs in the database. The instructions might comprise a purchase
instruction, including payment information (arrow 564a on Figure 17).
[000108] Once the instructions have been received, the software in the
computer
system can determine search parameters (box 566) based on the instructions
terms.
The search parameters are used (box 568) to search the database and thereby
produce
- 44 -
Date Recite/Date Received 2023-03-30
a search match result, or in other words find and identify the desired
merchandise and
desired design(s).
[000109] The computer system is also programmed to retrieve (box 569) from
the
database, according to the search match result, a digital file representing
the licensed
design for subsequent use in creating a merchandise product. The digital file
may be
transmitted to the potential purchaser for verification and transaction.
[000110] Once the purchase is transacted, the digital computer file 522 and
related
information may be transmitted to a computer system 570 associated with a
merchandise production system so that at least one physical merchandise
product 507
based on the digital computer file 522 can be produced. The production of at
least one
physical merchandise product 507 based on the digital computer file 522 can
then be
done.
[000111] Once the specific merchandise is produced and shipped (see Figures
18,
19 and 20), the appropriate royalty payment amounts can be calculated (Box
572)
based on the sale of the products. Further, the computer system 510 can
initiate royalty
payments to the listed parties based on the royalty payment amounts.
[000112] Other variations of the above principles will be apparent to those
who are
knowledgeable in the field of the invention, and such variations are
considered to be
- 45 -
Date Recite/Date Received 2023-03-30
within the scope of the present invention. Further, other modifications and
alterations
may be used in the operation of the present invention, without departing from
the spirit
and scope of the accompanying claims.
[000113] Other variations are within the spirit of the present invention.
Thus, while
the invention is susceptible to various modifications and alternative
constructions, a
certain illustrated embodiment thereof is shown in the drawings and has been
described
above in detail. It should be understood, however, that there is no intention
to limit the
invention to the specific form or forms disclosed, but on the contrary, the
intention is to
cover all modifications, alternative constructions, and equivalents falling
within the spirit
and scope of the invention, as defined in the appended claims.
[000114] The use of the terms "a" and "an" and "the" and similar referents
in the
context of describing the invention (especially in the context of the
following claims) are
to be construed to cover both the singular and the plural, unless otherwise
indicated
herein or clearly contradicted by context. The terms "comprising", "having",
"including",
and "containing" are to be construed as open-ended terms (i.e., meaning
"including, but
not limited to,") unless otherwise noted. The term "connected" is to be
construed as
partly or wholly contained within, attached to, or joined together, even if
there is
something intervening. Recitation of ranges of values herein are merely
intended to
serve as a shorthand method of referring individually to each separate value
falling
within the range, unless otherwise indicated herein, and each separate value
is
- 46 -
Date Recite/Date Received 2023-03-30
incorporated into the specification as if it were individually recited herein.
All methods
described herein can be performed in any suitable order unless otherwise
indicated
herein or otherwise clearly contradicted by context. The use of any and all
examples, or
exemplary language (e.g., "such as", "for example") provided herein, is
intended merely
to better illuminate embodiments of the invention and does not pose a
limitation on the
scope of the invention unless otherwise claimed. No language in the
specification
should be construed as indicating any non-claimed element as essential to the
practice
of the invention.
[000115]
Illustrated embodiments of this invention are described herein. Variations
of those illustrated embodiments may become apparent to those of ordinary
skill in the
art upon reading the foregoing description. The inventor expects skilled
artisans to
employ such variations as appropriate, and the inventor intends for the
invention to be
practiced otherwise than as specifically described herein. Accordingly, this
invention
includes all modifications and equivalents of the subject matter recited in
the claims
appended hereto as permitted by applicable law. Moreover, any combination of
the
above-described elements in all possible variations thereof is encompassed by
the
invention unless otherwise indicated herein or otherwise clearly contradicted
by context.
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Date Recite/Date Received 2023-03-30
