BARNES V. 'R'Ul'HENBURG.
BARNES "'. RUTHENBURdo.
(mreu' Court, 8. D., Ohio. June 4, 1887.', t
FOB Il.'VEN'l'IONS-....PA'l'ENTABILITY-N"EW COMBINATION OF OLD DE,APPARATUS.
, Letters patent No. 216,821were granted June 24,1879, to Charles Barnes for an apparatus for extingnlshingtlres, and letters patent No. 233,393 were also grantee'!, to him October 19, 1880" for an "automatic fire extinguisher." The patf;lntsdesqribe a systep. of distributing pipes passing through the various rooms of a building at tlieir ceilings, and fitted with a number of downward projeeting'sprinklingn,ozzles; A reservoir Is placed in the lower story,above the.supplypiM, !eadio,g to the street, filled with a, fire-extinguishing liquid. which Will be discharged upon. the fire by force. of water from the street main. A sUpply-valve has an actuating lever which is held up to keep tlle valve closed by a wire passipg up to and united in each room by a fusible jojnt, The sprinkler consists of, a perforated rOlle-head, with s. cap ,soldered upon Ita neck with fusible metal, and, certain other attachments. In case of :lire the llaid fusible joints and caps. are melted, the 'Water rushes through the and following the fire-extinguishing liquid. Until the occaSion of fire, the pipes a.re kept free from fiuid. The details of combination!n patents differ In some respects. The proof showed that the "constituentparls were old, but that the combinations were new. Held, that th;e devices were patentable inventions. , 'J;he defendallt manufa.ctured and sold a device for extinguishing :lires Iii!" del' letterspll.tent No. 818,508, dated May 26, 1885. A reservoir was used in it. charged with a fire· extinguishing liquid, which generates ;agas, thus produc.itlg,p,ressure. and the distributing, pipes being tl,1us at all times :lilled with liquid. 'A pipe connected' the reservoir with the street main, cut off by a check-valve kept closed by the pressure from the reservoir. In case of fire, the pressure was relieved by the tlowthrough the distributing the valve opene,d,letting in the water. Held, that this device was not sumcient!y siIhilar to those above mentioned to constitute an infringement.
8.SAMJt:....DodTBmE OF EQUIVALENTS.
'!'he, or distributer, manufactured by said defendant under sai(,\ patent NO 818,508, is, b. y t,he doctrine of equivalllDts, an infringement upon. .· . the fourth, fifth, and six;th claims of the above-mentioned patent No. 283,393, btit does notinfrlnge the first claim of said patent No. 216,821. "
, FoUett, Hyman & Kelley and George F. Mm"fay, ,for Jarn:es Moore, for respondent.
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J., The complainants sue for infringement of letters patent No. 2l6,821, granted June 1879, to Charles Barnes, for apparatus f01'6x#p.guishing fires, and letters patent No. ber ,19,1880, for automll,ticf\re. extinguisher, alleging infringement. of the two claims of No. 216,821 and of the third; fourth, fifth, and sixth claims of No. 233,393. The drawings in No. 216,821 show a system oid.istrib)1ting pipes passing through the various rooms of a bUilding at their ceilings, and fitted with a: number of downward projecting ling nozzles. , 11;1 the lower story, and just above the supply-valve pipe leading from the street main up to and connecting with the distributing: pipes, is a reservoir to be' filled with some non-freezing and fireextingUishing liquid, which will be discharged upon the fire by the, force
of water from the street main when used in connection with water-worb, or by the weight of water,from.areservoir on top of the building in localities where there are no water-works. The supply valve has an actuating lever, which is heM up tokEl.ep the valve closed, by a wire passing up to and united in each room by a fusible joint formed by cutting the wife,'arid'insetting the cuteildsinto the opposite endSlofa metal tulle, joints of the tube and the wire with fusible .metal. The sprinkler oonsists of a screw-threaded shank or seatpiece, adllpted'to be screwed into the union, of the distributing pipes, a perforated rOBe-head, secured to the shank and a valve within the rosehead,adapted to be adjusted and held against its by a screw-threaded stemtapped through a cap soldered with fusible tiJ.etalupon the neck of the ros&:htlad. This cap, it is stated in the specifibition, has, preferably, up-turned flanges which cap over the neck,to which the cap is secured by solder run upon the top edge of theflangfil" and around and against the neck. The neck has aepace between its shell and the valve stem, and perforations which allow the heated air, case of fire, to enter and fuse ,the 'solder joint, and ;let the valve drop down and open the passage for the fire-extinguishing liquid and water into the rose-head. At the same time the heat fuses the soldered joint of the'wire which holds up the actuating lever, and the water rushes through the supply-valve; forcing and following the fire-extinguishing liquid intO the distributing pipes and rose-heads, the caps ofwhich, the solder holding them in place, having been fused; are forced off, and a shower of thrown upon the fire. There is also an arrangement for ringing an alarm bell, but, as it is not xpentioned in the claims, jtjs not necessary to describe it. are inMnged, are as follows: The claims, both of which
(l) A automatic fire constructed as before set forth, namely, of arose"head mclosmg a valve controllmg the water passage thereto, the stem of the. valve projecting through a neck of said rosehead, and being screwed to a cap to said neck by fllsible metal. (2) The combination, substantially as before set forth, of the water-pipes, the automatic valve, and the fire-extinguishing liquid-containing reservoir, connected with the water-pipes as described, so its contents will be discharged with and by the flow of the water.
The object of patent No. 233,393, as set forth in the specifications, is fivefold, as follows:
(1) To provide a supply-valve more easily and securely forced and held to its seat, and more readily released therefrom; (2) to relieve the valve-sustaining devices from the strain consequent upon the expansion and contraction of the valve closing and releasing wires under varying temperatures; (3) to relieve the fusible solder joints from strain, so that they may be made more sensitive to heat, without liability to parting, excepting in case of fire; (4) to prevent the possibilityof the discharge orifices becoming clogged by sediment, or by scales from the pipes; (5) tp provide means to hold the valve seat within the distributer securely to its seat, without liability of fracturing the solder joint by which it is held, by expansion and contraction of the metal.
The drawings show the general system ofdistributing and supply pipes, supply-valve, and reservoir, as in No. 216,821. The case of the sup-
ply-valve is cast in two sections, which are bolted together through outwardly projecting flanges, to receive the journal bearings of a shaft. The valve has a yoke cast with it, upon the under side, thz:ough whic;h the shaft passes. An eccentric upon the shaft, and within the yoke, opens the valve when turned in o!J.e direction, and closes it when turned in the opposite direction. The valve is !/Uided by .rods which pass through transverse bars in the upper and lower parts of the case. The lower rod qas a groove to receive a pin from one of the bars to prevent the valve and yoke from rotating, and the shaft, where it enters the valve case, is suitably packed to prevent leakage. Any desired number of flanges or disks may be secured upon the shaft, either separately or upon a common hub. The form of the shaft outside the case illustrated in the drawings is square, to enter. corresponding perforations in the flange or disk hubs, but, the specifications state, any other mode of securing them rigidly to the shaft may be adopted. To each of the disks a lever is pivoted, with a weight suspended from outside the periphery of the disks. The free ends of the lever are held up by wires or cords which pass through the different stories of the building, and are united at different points of their length by a coupling device which is a joint of fusible solder. When in position or coupled, the wires or cords, by sustaining the lever, hold the supply-valve closed; and, as the valve opens against the pressure of water from the main, that pressure assists to hold it securely to its seat. The patentee's intention was to have independent wires or cords from the different stories or divisions ofthe building, and as manyindependent levers. Thereby the contraction and expansion of the wires would be distributed between all the levers, and the friction caused by thepulleys or bell cranks required to change the direction of one wire throughout the entire building avoided. Whenevel'any lever is released by its retaining wire, the weight upon the lever brings it down upon itsfulcrum pin, secured in the face of the disk, partially rotating the shaft, and, by the action of the eccentric, opening the valve, and turning a supply of water into the system of pipes. The coupling device consists of a metal lever through the eye of which one of the cut ends of the wire cord is passed and looped. A loop is made upon the end of the adjoining section of the wire. The bar of the lever is passed through this loop, and turned back parallel with the wire, which passes through the eye of the lever. A slide is passed over the end of the lever, and over the cord holding the lever in position parallel with the cord. The other wire, or part of the wire, is held by its loop around the enlarged portion of the lever containing the eye, and extends in the opposite direction. The slide is jointed together with fusible solder, and, as the strain is slight, the solder may be made very sensitive to heat, without liability to part excepting in case of fire. When it does part the lever is released, and flies back, the loop of the other part of the wire instantly slips off the lever, the part of the wire over which the slide passed is released, the lever of the supply-valve drops, the supply-valve is thrown open, the water is turned on, and the fire extinguished. v.32F.no.2-11
TheSl:l':t'eittures of thepatented:imptovements are 'covered by: the first, second, ana third claims ofthe.patent, whicn areas follows: i(Ir In:a:nautomatic valve i for' fite extinguishers, thedombination of case, A, valve.G, and cam-shaftj:B withfiange; D, weighted lever, E. and a fus11}ly jQinj;eqif1l1easing wijle, as: G.,tor the ,purpose specified.. In. an automati.c qFe I3xtingui,sher of ,thecpmbination of a systl;l1D of pip6ll, a system, with two or mpre independent valve-actuating devices; each' which is held by an independent wire ing to a djfferent part of the lltiUdiri,g',: 1either one of which actuating devices will throw the valve open when its holding wire is parted. ' (3) A valve-releasing :dev.ice for automatic fire extinguishers, consisting9f wires, G, lever, H, and ,fusibly ;'oi'J1,ted :CQmpined to operate substantially as set forth. . Of these the third only isinvolv;ed in this caulle. The next teittureof thecornplainant's improvement, relates to a per'" foratedrose-head distributer or &pri'llkler,into the lower end of which is screwed'.a;'cap', and betwEten two lugs secured or cast upon the under side. of thiFfcap, 'about the distl!-nceof half a radius from its center, a lever ispivoted.'fhe oppositeiend of the· lever' has;'8' swinging lug-plate, which,' when the distributer is adjusted 'foruse, is .secured by a fusible solder joint to,a:projection extending 'from the periphery of thecap,as shown' in'ithedrawings. The preferred fOJ.lm of. distributer has at its oilter end)! ihstead;,ofthe lug-plate, 8i:hooked level' which reaches up and hooks over a projection of the shell of the rose-head ,and has its flat edge jointed fby,fusible solder to the :projection upon: the shell and a correBponding'projection upon the cup:: The pivot pin of the lever is ina vertical plane outside the solder joint, so that, when the solder is fused, "ne le-ver is ,thrown from i1:s' bea,l'ing, -the lower part of the projection .Ipon the cap serving as a fulcrum for this purpo&e. 'The valve of the' tnstributer;wh'ich sbutsofl1the flow'of water from the distributing pipes, hlis a stem, in two sections, projectihg downward through a central opening in the cap. The 'lQwer end of the upper section is' bored out fot some distance, ands. rubber plug inserted. 'The lower section is off to enter the ,cavity in the upper portion, and rest upon the rubber phtg,- which serves 'as a ctlsnion. The wIve is tightened and held toits selit'by a screw,whicb'is,tapped thrbugh the arm of the lever above descri.oed. The valve is thus, when the lever is in position, held closed, and,'whe'nthe soMero! ,the lever joint is fused, the elastio force of the tubber plug'inthevalvEi assists'to throw,the lever down, and, while the lever in position, the :sarde force prevents the fracture oBhe joint, and'also leakage. from the valve in the-event of the distributing pipe being filled with water.' , ;, .. ' also describe; and the drawingsimustrate, the mode of applyingithe elastic stem of the"alve to thefOIjrnof sprinklers there· Forstlch'use the elastic joint is made a.1i the upper end of the valv&'$uml, and the lower'eild iS$cre*threl1d'ed through a plug of ,the ofr'a, guide-cap'lwhich has a projection extendingup:',intothe shell ofthedistributer,an'd 'a £lange or shed extending around it below the' shelb:>, The lower rpint of the shell is per,
so that; iiI wO'llldbe discharged frorrl the upon the iilClined 't'op of the flange, 'and be carried on without reaching the neck of the cap to impede 'the fusing of the joint in case of fire. " These features of the' compiainant's improvements are covered by claims 4,5, and 6, as follows: ' (4) In an automatic fire extinguisher, the combination, substantially as set forth, of a a valve located Within said distributer, and having a stein Which projects through the shell of the distributer, and a lever, as K,toholdthe valvetoitsseat Within the distributer untilits fusible joint, k 3 , is released by heat. . (5) In, ;anautomatic fire extinguisher, the combination, substantially 3.Il specified, ofa.pldorated distributer provided with ,a valve, the stem of ,Which projects through the distributer shell, with a jointed lever, KI, and latch, K2; said ,latch resting upon a projection on the sMU of the distributer, and $ecured thereto by fusible soMer to hold the valve to its seat. " (6) In an automatic fire extinguisher, the combination of a perforated distributer. and 'a valve to control the supply of water to said distributer, said valve pro,!,idedwith a two-part stem, and an elastic cushion between the parts, tohold the valve to its sellot with elastic pressure by fusible solder, substantially: specified. There is also aprClvision against the clogging of the distributer by sed'· iment or scales. This is prevented by a perforated screen withinthe distributer,' which is covered by claim 7 of the ·patent, but, as that claim is not involved in the litigation, no further reference to it is necessary. The defendant admits the manufacture and sale of the device, which, it is ltn infringement of the complainants' patents. '1'he complainants'system is what is known technically as the "dry-pipe system," -that is, the distributing pipes are kept free from fluid until the occasion or 8;. fire; but if his reservoir be filled, as he suggests in the specification ofhisplltent of June 24, 1879, "with some non-freezing and fireextinguishing liquid," the pressure of the gas evolved in the reservoh would fill the rlistributing pipes with the liquid, and his system would be a" wet-pipe system," in whieh the pipes are at all times filled with fluid. In practice the complainant has not charged his reservoir as suggested, but has placed init dry chemicals, with which the water, upon the oPBning of the supply-valve, comes in contact, and· the fire-extin·· guishing fluid thus provided, passes into the distributing pipes, and is throwll through the sprinklers upon the fire. In many cases even the <:hemicals are omitted, the sole dependence being upon the supply of water coming through the supply-valve, so that, in prootice, the com· plainant'ssY'stem is a dry-pipe system. The defendant's is a wet-pipe system. He has a reservoir charged with a fire-extinguishing fluid, which generates lt gas, producing a pressure of about 100 pounds to the square inch. It results that the distributing pipes are at all times filled with fluid. He has also a pipe connection with the street main or other source of supply, which is cut off by a placed without the reservoir, and opening inwardly 'towards the reservoir. When the pressure from the reservoir is greater
than that from the main, which is ordinarily about 40 pounds, the is kept closed; but it opens whenever, as occurs upon the breaking out of a fire in the building, the pressure from without is greater than that from within. The defendant has also distributing pipes like the complainant's, and sprinklers, the openings to which are closed by valves under control of devices whose action is suspended whenever the temperature of the surrounding air becomes sufficient to melt a retaining instrumentality of some fusible metal. The first defense is anticipatipn by various in public use before the date of complainant's iuvention. Armitage's patent No. 15,721, of July 8, 1856, shows a vertical supply-pipe, leading from a ground conl1ection with the water supply to the different stories of a building where it connects wIth jet-pipes secured to the ceiling. A valve located in the supply-pipe is normally closed, preventing the passage of water to the jet-pipes. This is provided with a weighted lever, which, falling downward, opens the valve, but the lever is prevented from falling by a combustible' cord which sustains it, and extends to and along the ceilings where the jet-:ripes are located. The burning of the cord which occurs upon the breaking out of 8: fire releases the lever, the valve opens, and the water is discharged through the jet-pipes upon the fire. This was a dry-pipe system. The jets were always open. Newton's patent No. 171,305, December 21, 1873, provided for a valve or stop-cock in each branch or distributing pipe. and operated by the melting of an easily fusing solder, and each sprinkler is provided with a suitable check-valve kept closed, except in case of fire, by a fusible solder.. Reservoirs or tanks charged with chemical compounds for extinguishing fires were known before the date of complainant's invention. They are shown in the Manning patent of October 17, 1871; the Maxim patent of July 22, 1873, in which the reseJ;voirconnects directly system in the building. They are also shown in other with the forms of apparatus of dates prior to the complainant's invention, for extinguishing fires; but as the complainant makes no claim to the reservoir, but only to the combination of the valve and attachment with a fusibly jointed releasing wire, they need not be considered. The combination claimed is not anticipated. In automatic fire extinguishers, an essential requisite is prompt action' at the incipiency of the fire, when alone they are effective; and it is highly important also to confine the discharge of the extinguishing fluid to the locality of the fire, and thus limit damage by water. In testing the validity of the complainant's patents, we must keep these points in view. The best automatic fire extinguisher prior to complainant's was Parmalee's, known· as the Parmalee water-joint automatic distributer. It consisted of a perforated nozzle or distributer, over which an unperforated cap was soldered by a fusible metal. This was a wet-pipe system. and the soldered joint was in contact with the water in the pipes, which retarded the melting of the fusible metal. The complainant Barnes then made his first invention for which letters patent No. 212,346 were granted him Feb:ruaryJ8, 1879. The device for sustaining the lever controlling
the supply-valve differed from that patented June 24, 1879, No. 21G,821, which is the first of the two patents on which this suit is brought, in that the fusible connection of the sustaining wire was made by passing the ends of the wire through holes in a connecting piece of fusible metal, and making a loop, or by soldering them with fusible metal, the connection to be made in either case at a point removed from the roseheads, and where the action of the heat upon the fusible metal would not be retarded. The stem of the valve of the rose-head sprinkler is screw-threaded, and tapped through a cap secured to flanges upon the neck of the rose-head by fusible solder. The neck has a space between its shel' and the valve-stem, and perforations which allow the heated air to enter so as to rapidly fuse the solder joint and release the valves. At the same time the heated air fuses a joint of the wire, and the discharge of water upon the fire takes place in less than half the time required to set any previous automatic fire extinguisher in operation. The complainant's improvement was properly recognized as a patentable invention, as were the improvements subsequently patented and in suit. It is true that most if not all of the constituent parts were old, but the combinations claimed are new, and they are precisely the combinations requisite to greatest sensitiveness to heat, and the speediest operation of the apparatus at a time when every moment's delay involves damage and possible danger. . The next inquiry is, does the defendant infringe? And, first, as to the supply-valve in the reservoir or tank of his apparatus. His valve, as has been stated, is an ordinary check-valve, opening inward, or towards the reservoir. It has no lever with wire attached, as has the complainant's. It is acted upon solely by pressure from within or from without. If the excess of pressure be from within, as is the case when his reservoir is charged, and the sprinklers of his distributing pipes are closed, the valve 'is closed, and remains closed until the pressure is so diminished as to be less than that from without, and then it opens. This does not occur at the beginning of the operation of his apparatus upon the occasion of a fire, before the pressure from the reservoir!'. by reason of the gas generated exceeds that from without, until the contents of the reservoir are almost exhausted, and the fire may be entirely quenched without the use of any water from the main. This differs widely from the operation of the complainant's valve, which is thrown open mechanically by the titHing of the lever upon the parting of the fusible connection of the wire at the location of the fire, and at once admits the water from the main. Let us look at it in another view. Suppose the complainant's reservoir be charged, as in defendant's, with a fire-extinguishing fluid. The pressure fills his distributing pipes with the fluid, and his is then no longer a dry-pipe system. A fire breaks out. His fusible wire connections are severed by the heat; his supplyvalve is thereby thrown open; and at the same time the valves of his sprinklers are released, and his apparatus is in full play. What effect will the pressure from his reservoir, acting through the open supplyvalve in the direction opposite to that of the fire, have upon the water
in' the pipe leading frofu tbe main? Until the pressure is reduced below ,that from the main, it ihust drive that water back. ' :In other words, , the: complainant's apparatus, under such conditions, would operate in 'both directions,-towards the fire and away from the fire. It would be like' a gun firing from the muzzle, and kicking from the breech. It is true the might' put in a check-valve, which is common property, but that is ndt suggested in the patents or' either of them; an:d if 'he ,did so, then, under the conditions stated, his supply-valve, with its levers and wire attachments, would be unnecessary, and better be discarded. But he cannot operate his apparatus as a dry-pipe system with a check valve only, for 'there would be no pressure from within. It is clear, then, that there is no infringement 'by the defendant of the second claim of con'1plainant's patent No. 216,821, nor the third claim of complainant's patent No. 233,393. This brings us to consider whether the defendant infringes the first claim of complainant's' patent No. 216,821, and the fourth, fifth, and sixth claims of complainant's' patent No. 233,393. The valve of defendant's sprinkler or distributer is, first, a rubber sphere of about twice the diamet'er of the nozzle or ajutage of the distributing pipe. This sphere is held firmly against the mouth of the nozzle (as the defendant states in the specifications of his patent .No: 318,508, dated May 26, 1885) by the following instrumentalities: That part of the valve or sphere remote from the ajutageoccupies a hemispherical cell, which is, in turn, in a cup-formed guard. It is plain that, so far, we have in effect the lower end of the first section of the valve-stem of comNo. 233,393, the hemispherical cell, and the inclosing plainant's guard, answering, under the doctrine of equivalents, in every essential particular to the section of the complainant's valve with the end bored out. With the rubber sphere in place, we have the first section of complainant's valve-stem complete, but inverted, which is a mere change of position, not in the least affecting the result. But to return to the description. This guard, with its inclosed shell and valve, (or sphere,) is confined in a cage composed of a pan-shaped deflector and the ajutage, and within them the valve, when at liberty, freely slides. A stapleformed projection is stamped out from the underside ofthe deflector. This receh'es lin arm, projecting radially from the deflector,as shown in the models 'and in drawings of the patent. Another portion of the deflector, diametrically remote from (to use the phrase of the specification) the point where the staple projection was stamped, a lip-formed projection is stamped, also downward, and projecting perpendicularly from the deflector. Through the opening created by this stamping is introduced the short arm of a lever, bent into a hook form, its arms forming an acute angle'. Whtill the longer arm of this lever is drawn up close to the arm above referred' to. as projecting radially from the deflector, the two extendirig'the.'si:tme distance beyond the edge of the deflector, the short arm oHhis bent'lever presses up against and at or near the center of the bottom ofthe outside of the guard containing the hemispherical cup and 'the valve, and so as to hold' the valve close against the mouth of the
YALE LOCK MANUP'G
NEW HAVEN SAV. BANK.
ajutage, and to close the same. Here we have the second and remaining section of the stem of valve, and there is before us an illustration of that ingenuity in evasion which is not invention, and does not avoid infringement. The outer ends of the lever and the radial arm are held together by a tube ring or band of fusible alloy, and here we have almost exactly the device by which the complainant connects his wires controlling his supply-valve, and we have also the equivalent of the complaiqatit's device for retaining in position the valves of his distributers. The equidistant bars which connect the deflector to the ajutage, and within which the guarded valve, when. at liberty, freely slides, are provided with screw-threads upon their points of engagement with the top piece, and can be used to adjust the seati!lg of the valve, and prevent leakage. This device is the equivalent of the screw whioh is the lever arm of the complainant's distributer in bis tapped patl?nt No. 2'33,393. The defendant substitutes forthe perforated rose-head distributer described in complainant's patents the circular deflector already referred to. When the valve is opened, the water, "striking the valve, the edge of the gUll.rd,the deflector, and the cage bars, is scattered or projected in a spray in every direction,-upward, downward, and sidewise,-so as to reach every object within the range of its delivery." Tbisdescri'ption, quoted from the of the defendant's patent, accurately describes also what is accomplished by complainant's rose-head distributer, in, whi.ch the water from the distributing pipe; striking the bottom, is scattered or projected through the perforations in a spray "in every direction, upward, downward and sidewise,so as to reach every object within the range of its delivery." The defendant's device is therefore the equivalent of the complainant's. The deflector was known fore the date of complainant's invention. It is shown in the Alderson & Loftus patent No. 225,092, of March 2, 1880. The con<uusion of the court is that the defendant infringes the fQurth, fifth, and sixth claims of complainant's patent No. 233,393, of October 19,1880, but ,does not infringe the first claim of complainant's patent No. 216,821, of June 24,1879; and a decree for an injunction andaecount will be entered accordingly. .
MANUF'G Co. and another'll. NEW HAVEN SAv.,BANK.,
(Oircuit Gourt,D. Oonnecticut. September 10,1887.)
ReisBue:d letters patent No. 8,550, to Samuel A. Little, for improvements in "time-locks," by which the mUlt!ple bolt-work 01 a safe ot vault door could be autoDlll.,tically both doggeq. or lo.cked and unlocked at predetermined times;-the dogging and releasing being caused by the operation of the time mechanism, and the time for locking or unlocking being capable of alters.-