Overarching Membrane Garment

Abstract

Personal-size instantly-facile light-weight apparatus, configured without umbrella-typical eye-and-face injuring protrusions, the apparatus includes quasi-equatorial membrane structure capable of resting on a person's shoulders, when an attached-thereto arching tensile-supported membrane structure is over the person's head and torso. For use, apparatus unfolds from metastable-flat storage configuration to extended tensile-arched configuration, and user passes his/her head through quasi-equatorial membrane's opening; thereby covering user by overarching membrane structure. Material for overarching membrane may be for rain-shelter, sun-shade, UV-filter, and/or according to heat reflection, absorption, and insulation characteristics. For improved pedestrian safety, apparatus trim is preferably retro-reflective, or fluorescent colored; thus providing proximate motor-vehicle drivers with contrast enhanced visibility of apparatus-wearing children, pedestrians, road workers, traffic officers, and bicycle riders. Other apparatus sizes and uses are also disclosed.

Claims

1. Overarching Membrane Garment, a facile pseudo-umbrella-parasol function-emulating apparatus, comprising: (A) a tensile hoop which is capable of having (a) a metastable folded flat state, (b) an open arching state, (c) a rapid pop-open transition from the metastable flat state to the arching state, and (d) an easy-to-fold transition from the arching state to the metastable flat state; (B) a first membrane (a) which is substantially shaped like a surface defined by the hoop in the arching state, (b) which is substantially evenly holding many locations along the hoop, and (c) which is capable of accepting respective predetermined tension between most pairs of these locations when the hoop (i) is in each of the states and (ii) during each of the transitions; (C) a second membrane (a) which is substantially connected to the hoop at about four locations on the hoop, wherein these locations define a quasi-equatorial plane of the hoop when said hoop is in the arching state, (b) which is capable of restraining the hoop to about the arching state, and (c) which has an opening that is centrally located substantially between the about four locations; and (D) wherein, in the hoop's arching state, (a) the first membrane is of sufficient size to cover a standing person's head and torso, and (b) the second membrane's opening is of sufficient size to allow the person's head to easily pass therethrough.

2. The Overarching Membrane Garment of claim 1, wherein the hoop's arching state is substantially about half way between the metastable folded flat state and a stable no-fold flat state of the hoop.

3. The Overarching Membrane Garment of claim 1, wherein the tensile hoop is a buckle-folding over-curvature loop.

4. The Overarching Membrane Garment of claim 1, wherein the tensile hoop is a twist-folding loop.

5. The Overarching Membrane Garment of claim 4, wherein the loop is half-twisted into a figure 8 shape; and further including a constrictor holding the loop at the half-twist of the figure 8.

6. The Overarching Membrane Garment of claim 1, wherein the tensile hoop is a pair of tensile hoops that are held together in a figure 8 shape by a tensile constrictor.

7. The Overarching Membrane Garment of claim 1, further comprising a hand-hold continuous-belt which is substantially attached to the hoop, and the belt is arranged for poloidal-like inversion over the metastable flat state folded hoop; thereby keeping the hoop in the metastable flat state.

8. The Overarching Membrane Garment of claim 1, further comprising at least one suspender-like strap which is respectively substantially attached to the hoop; and, as measured when the person's head is passed through the opening, the strap is long enough (a) to attach to the person's clothing, or (b) to pass under the person's armpit and to attach to the second membrane.

9. Overarching Membrane Garment including: (A) an arching tensile member supported first membrane structure that is capable of covering a person's head and standing torso; and attached thereto, (B) a quasi-equatorial second structure that is capable of resting on the person's shoulders.

10. The Overarching Membrane Garment of claim 9, wherein the member is easily foldable from arching to a flat configuration, and is easily pop-open from the flat configuration to the arching.

Description

BRIEF DESCRIPTION OF DRAWINGS

[0072] In order to understand the invention and to see how it may be carried out in practice, embodiments including the preferred embodiment will now be described, by way of non-limiting example only, with reference to the accompanying drawings. Furthermore, a more complete understanding of the present invention and the advantages thereof may be acquired by referring to the following description in consideration of the accompanying drawings wherein:

[0073] FIG. 1 inclusively illustrates schematic views of a single buckle-folding loop in transition moments from a metastable folded flat state, to an open arching state, and continuing on to a unfolded flat state;

[0074] FIG. 2 inclusively illustrates schematic views of a single twist-folding loop in transition moments from a metastable folded flat state, to an open arch-capable state, and continuing on to a unfolded flat state (also arch capable);

[0075] FIG. 3 illustrates a schematic view of a buckle-folding hoop OMG with a quasi-equatorial plane second membrane;

[0076] FIG. 4 illustrates schematic and respective exploded views of a twist-folding hoop OMG in a figure 8 configuration;

[0077] FIG. 5 illustrates a schematic view of a pair of buckle-folding OMG hoops in a figure 8 configuration with a quasi-equatorial plane second membrane; and

[0078] FIG. 6 illustrates a schematic view of a pair of twist-folding OMG hoops in a figure 8 configuration with an asymmetric oriented second membrane.

DESCRIPTION OF EMBODIMENTS

[0079] There are numerous exemplary geometries for the tensile hoop of OMG embodiments; the choice of which will in turn determine the preferred shape of the first membrane. For the sake of good order, it should be noted that a twist-folding hoop is often substantially functionally equivalent to an over-curvature hoop and to other similar tensegrity-type components; even though those may be amenable to alternate procedures for folding, from an extended-diameter arching state to a reduced-diameter folded metastable flat state.

[0080] FIG. 1 inclusively illustrates schematic views of a single buckle-folding loop in transition moments from a metastable folded flat state (105), through various popping-open states (110, 115), to an open (metastable) arching state (120), and continuing on through a further (metastable arching) opening state (125) to an unfolded flat state (130).

[0081] Regarding FIG. 1, firstly, it is important to note that unfolded flat state (130) has a circumference (and diameter) which are substantially three times that of the storage circumference (and the respective storage diameter) of the metastable folded flat state (105). Secondly, it is important to notice that, for open arching state hoop (120), a proper second membrane would be substantially elliptical with a circumference (perimeter) equal to that of the unfolded flat state (130). Furthermore, the preferred arching state (120) is substantially about half way between the metastable folded flat state (105) and a stable no-fold flat state (130) of the hoop.

[0082] FIG. 2 inclusively illustrates schematic views of a single twist-folding loop in transition moments from a metastable folded flat state (205), to a single half-twist figure 8 configuration (210), to an open arching-capable state (215) albeit the arch of this hoop is not shown here (in that it requires the first membrane to hold it in an arching state and/or the quasi-equatorial second membrane to hold it in an arching state), and continuing on to a unfolded flat state (220) which is also capable of a less-preferred arching configuration in conjunction with the quasi-equatorial second membrane (much as tension straps of uSAn1 arch such a hoop-membrane object).

[0083] Regarding FIG. 2, firstly, it important to note that unfolded flat state (220) has a circumference (and diameter) which are substantially two times that of the storage circumference (and the respective storage diameter) of the metastable folded flat state (205). Secondly, it should be noted that high quality hoops are further capable of being twisted folded again from the metastable folded flat state (205) to a more compact flat state that would exhibit half of the circumference (and respective diameter) of the metastable folded flat state (205)albeit storing with about twice the respective thickness. Thirdly, it is important to note that, for arching state (215), first membrane (having perimeter substantially equal to perimeter of the unfolded flat state hoop) may be elliptical, oblong, egg shaped, or the like; and this restricting first membrane area (typically in conjunction with the restraining dimensions of the second membrane) hold the OMG in a predetermined arched configuration. Thus, the arching state (215) is substantially about half way between the metastable folded flat state (205) and a stable no-fold flat state (220) of the hoop. Nevertheless, according to another OMG embodiment, the unfolded flat state (220) may be held in an acceptable overarching state by an attached thereto quasi-equatorial second membrane (as is understood from the hoop arching process presented in the earlier priority Uh uSAn Aperella application).

[0084] FIG. 3 illustrates a schematic view of an OMG having a buckle-folding (over-curvature loop) tensile hoop (305) in an arched state with a quasi-equatorial plane second membrane (310) having an opening (315) for the user's head. The substantially elliptical first membrane of the hoop is not shown here; however Front (no membraneopen side) and Back (no membraneopen side) are indicated; so one can easily understand that the first membrane would be covering the head, and the left and right sides of the torsoleaving free line of sight (in the Front direction), and exposure to wind on the nape of the user's neck (in the Back direction). One way to increase the field of vision in the front direction is to alter the shape of the quasi-equatorial plane second membrane from the square shape (shown) to a (preferably isosceles) trapezoid shape (not shown) that would cause a some-what wider Front and a somewhat narrower Backwhich, in turn, may call for similar asymmetric accommodation to the shape of the respective first membrane.

[0085] Turning to other OMG embodiments, another twist-folding arching state can be better understood in conjunction with FIG. 4; where schematic and respective exploded views of a twist-folding hoop OMG in a figure 8 configuration are shown (each substantially equivalent to 210 of FIG. 2). This OMG (which somewhat resembles a familiar twist-folding tent) is firstly held to only open to a half twist of the hoop (405, 410) by respective front and back triangular upper-apex proximate fabric membranes(420), and is distinctively OMG characterized by having a central quasi-equatorial planar second membrane (415) (which could likewise be a plurality of straps or a harness or equivalent type) member (with an opening for the user's head or head-and-shoulders). In this context, it is also noted that an opening for the user's head (or head-and-shoulders) may be round, oval, ellipse, oblong, square, rectangle, polygon, or otherwise; as may be embodied to allow (preferably easy) passage of the head (or head-and-shoulders) there-through. Of course it is not necessary for the height of this OMG to be about the same height as the user (as would be the case in a modified full-person-height personal tent example); since it is adequate for the user's head to remain covered within the above quasi-equatorial portion of the first membrane, and for much of the user's torso to remain covered by the below attached second-membrane portion of the first membrane.

[0086] For equivalent illustrative purposes, an exploded OMG is shown wherein the half twisted (figure 8 shape) hoop (406, 411) with attached first membrane (not shownand intended to be substantially figure 8 shaped rather than being a half twisted ellipse) has an attached quasi-equatorial second membrane with substantial head-size opening (416), and the half twist is held in place by a apex region constrictor (421) comprising two membrane triangles that are respectively attached at the apex and to opposite edges of each side of the half twisted hoop. According to another exemplary variation of this OMG, the apex region constrictor may include significant further portions of the first membrane; thereby even allowing Front side and Back side portions to come about quarter-way down to about the eye level (which is almost to about half the distance between the apex and the quasi-equatorial planeas measured along the hoop).

[0087] It is also important to note that this OMG (FIG. 4) may be first folded together and then twist folded together, thereby arriving at a storage configuration that has one quarter the perimeter of the entire figure 8 hoop. According to another OMG embodiment, folding together the two quasi-circles of the figure 8 hoop is sufficient for flat storage. Furthermore, in order to facilitate an easy pop-open from flat storage, preferred versions of this embodiment include a spring-loaded (or equivalent tensile) portion in the constrictor and/or a spring-loaded (or equivalent tensile) portion in the quasi-equatorial membrane. In addition, likewise here, the second membrane may be a (preferably isosceles) trapezoid shape; for expanded field of peripheral vision of the user, etc.

[0088] Now, FIG. 5 illustrates a schematic view of a pair of buckle-folding OMG hoops (505, 510) in a figure 8 configuration with an equatorial plane second membrane (515) having a central opening (520) for the user's head to pass through; and further held together in an arching state (figure 8 shape) by a tensile constrictor (525). It is important to note that this OMG (transitioning to storage) may be firstly rotated about the apex, so that hoop (505) and hoop (510) align, and then the pair of hoops can be folded together (as if they were a single buckle-folding hoop); thereby resulting in a storage configuration having the circumference of the combined hoops (circumference of hoop 505 plus circumference of hoop 510). However, preferably, the respective hoops (505, 510) are each buckle-folded toward the constrictor; and then held together in metastable flat-storage configuration by at least one continuous beltwhich is preferably attached to one of the respective hoops, or to the constrictor.

[0089] Finally, turning to FIG. 6, an arched configuration pair of twist-folding OMG hoops (605, 610) is shown in a figure 8 configuration, with an asymmetric oriented second membrane (615) having a opening for user's head (620); and the two hoops (605, 610) are held together at a pseudo-half-twist apex by a connector (625). It is important to note that preferably the larger hoop (610) has a simple integer multiple circumference of the smaller hoop (605)here the ratio being 2:1so that this OMG can be stored either with circumference of hoop (605), or single twisted-and-folded thereafter to result in a flat storage configuration, with a circumference that is half of hoop (605). Preferably, the membrane of the smaller hoop is transparent or tinted (such as in the upper half to filter sunlight as sunglasses do, and/or even having an optical polarizing filter); allowing easy user field of vision; such as would be appropriate when this exemplary OMG is worn by a bicycle rider.

[0090] Turning to other variation embodiments, preferably for an ordinary personal-size (mobile umbrella substitute) OMG, the central opening includes a simple collar or circumscribing padding (or quilting), albeit one that is minimal enough to easily twist-fold with the membranes. Preferably, the circumference of the central opening includes tension reinforcing fibers to the membrane thereaboutso as to prevent the membrane about-the-opening from easily tearing, when there is any more-than-hoop-tension in said second membrane (such as when the head is passed through). Attachments and/or connections (such as: between a membrane and a hoop, or between a strap/belt and hoop or membrane) should be appropriately robust, and may be integral, sewn, basted, bonded, riveted, glued, ultrasonic welded, combinations thereof, or the like. Where structurally equivalent, attachments to the hoop may be through the hoop, wrapped around the hoop, or the like.

[0091] In use, a person would take out a metastable-folded flat-state personal OMG, snap it open from the smaller metastable circumference to the full circumferenceas restricted by the membrane(s), and pass the person's head up through the opening (in the second membrane). At this point, the (standing) person's head is covered by the apex (central portion) of the first membrane (the first membrane also extends beyond the quasi-equatorial plane to cover portions of the person's below-neck torso), and the person's chest and/or shoulders is also partially covered by the second membrane; thereby providing personal shelter from rain, for an exemplary embodiment where the first membrane is waterproof or water resistant. For simplicity of understanding, for protection from rain, first membrane of an OMG may be selected from any of the same fabrics or films that are used for umbrellas; such as polyester, nylon, acrylic, clear plastic, silk, or the like. The first membrane may be woven or extruded materials, which may be coated and/or including reinforcement tensile (or elastic) fibers.

[0092] Accordingly, as a mobile shelter from rain, the (above second membrane portion of the) first membrane functions like a tent over the head of the person wearing it; and the first membrane may become dome-like when the person's head presses onto the middle-portion lower-surface (arch-apex) of the first membrane. In typical cases, rain will run off the first membrane; without the person needing to hold any supportive object (unlike the umbrella, where the person has to hold a supporting central rod). Nevertheless, like the umbrella, the user may occasionally have to hold the hoop while traversing the travails of strong and gusting winds. Alternately, like the umbrella, the user may selectively rotate the OMG, to direct one of the below quasi-equatorial portions of the first membrane toward oncoming wind; even if that then leaves the OMG at an oblique angle with respect to the user's frontward line-of-site.

[0093] Furthermore, as a mobile shelter from rain, the second membrane (quasi-equatorial) may become (elongated) dome-like when the person's shoulders presses onto the middle-portions (lower-surface) of the second membrane; on either side of the opening through which the person's head has past.

[0094] According to further embodiments of an OMG, the hoop is made of a spring-like material selected from the list: metal, plastic, glass-fiber, carbon-fiber, spring-steel, composite, and the like. While there are many ways to fabricate and configure materials into a twist-folding or a twist-buckling loop, for the sake of best practices safety, preferred OMG embodiments use a hoop that is topologically arranged (formed into a continuous ring) to substantially equalize the probability of breakage among all portions (segments) of the hoop.

[0095] One of the objectives of best practices safety here is to mitigate accidental instances where the hoop breaks and where such breakage may cause cut or puncture wound to the person using the OMG or to some proximate person; both of which are typical of the accidents occurring from a sharp exposed tip of open umbrella rib, and less frequently from the distal end of the umbrella's central supporting rod. This is an OMG design preference of best practices safety because, every apparatus eventually breaks, and therefore it would seem preferable for an OMG membrane or strap to break before the OMG hoop breaks; this appearing to be the better ergonomic choice for apparatus obsolescence. Accordingly, the preferred personal size OMG embodiments strive to configure the hoop to be the respectively most durable component.

[0096] Furthermore, substantially as the manufacturer of one pop-up consumer product cautions, likewise personal size OMG embodiments should include a notice to the effect of: WARNING! This product has an internal spring frame hoop that will pop open with some force. NEVER let small children unfold or fold this product. DO NOT continue to use this product if any part of the hoop frame becomes either bent or broken. DO NOT open this product in a confined space, as it is designed to open to its full size in seconds. Always make sure that there is ample space in the area you have chosen to open up the product, and you must hold it away from your body when unfolding. Of course, while the (regular and the spring loaded) umbrella is such a familiar consumer product, similar warnings are rarely posted; even though they should be. It is hoped that the best enabling modes of OMG embodiments will at least provide better consumer safety than spring-loaded umbrellas do; and, more importantly, will appeal more to the consumer's innate sense of intuitive best-practices for safety. Similarly, for most personal size OMG embodiments, a further accompanying large-type-font cautionary notice may state: WARNING: To avoid danger of suffocation, keep this OMG away from babies and small children. Do not use an OMG in cribs, beds, carriages or play pens. This OMG is not a toy.

[0097] Moving on, according to yet other variation embodiments, an OMG apparatus has at least one conveniently located pedestrian-safety related visual component attached thereto (or integral thereto). This visualization component may be a passive light reflector (such as for reflecting light from street, vehicular, and/or automobile lamps), an active illumination element (such as a flash light, a glow lamp, a flashing multi-LED strand, or the like), a passive vehicle-radar reflector (probably advisable in the approaching age of autonomous driving vehicles), and/or an active location-update (GPS) broadcast element (which provides virtual visualization guidance to shared mapping systemssuch as may likewise be used by proximate autonomous vehicles).

[0098] These visualization components are primarily to improve visibility of the OMG in-use; because some uses are during inclement weather (when drivers are less likely to notice every traversing pedestrian) and other uses are taking the attention of the user from his/her path (making it potentially likely that he/she is distracted from negotiating ordinary pedestrian interactions). A common other use in today's world is that OMG allows the user to mobile-device text while walking, because the OMG user and user-device are dry under the OMG first membrane, and because the OMG is often used in hands-free mode (allowing a user to hold the mobile-device, and to text therewith).

[0099] Similarly, such accoutrements (such as the visualization components listed here, and the other kinds of components listed in the earlier priority application Uh uSAn Aperellawhich include audio components, social networking components, health systems components, etc.) may also provide valuable service to residents of larger than personal size OMG embodiments (such as earlier priority application Uh uSAn Aperella described emergency shelter uSAn); and/or to persons providing services to such persons or residents.

[0100] According to yet different variation embodiments of an OMG apparatus, at least one of the membranes has at least one layer selected for having a predetermined desirable weather-related functional property; such as water proof, water resistant, water repellent, light colored, white, having a heat reflecting surface, thermal insulating, loosely woven, net-like, heat absorbing dark colored, black, or the like.

[0101] More specifically, there are four preferred seasonal stylized-weather combinations, respectively named for Spring, Summer, Autumn, and Winter; even though it is well known and completely appreciated that real world local-weather on the globe rarely abides by these stylized-weather portrayals.

[0102] The preferred Spring (stylized Rain Season) OMG embodiment has the first membrane that is waterproof or water resistant (or having a hydrophobic outward sky-facing surface).

[0103] The preferred Summer (stylized Hot Season) OMG embodiment has the first membrane with at least one sky-facing sun-reflecting material portion (such as of gold or silver colored space blanket material, or a substantially simultaneously near-or-partial infrared filtering and/or near-or-partial ultraviolet filtering and/or respective IR-and-UV filtering diachronic-membrane, or like membrane composite) and preferably has the second membrane of net-like breathable material, that does not induce accumulation of body heat or of extra perspiration thereat.

[0104] The preferred Autumn (stylized Transitional Season) OMG embodiment has the first membrane and the second membrane of respectively dual-layer highly-perforated (or loosely woven) net-like materials; which create an external Moir pattern appearance for each of the membranes, and which provide partial shelter from sun and from wind.

[0105] The preferred Winter (stylized Cold Season) OMG embodiment has the first membrane with an atmosphere-facing black or dark color (to absorb heat from sun light) side, and a head-facing heat-reflecting material (such as gold-amber or silver colored space blanket material) side; and/or has the second membrane with a body-facing heat-reflecting material (such as gold-amber or silver colored space blanket material) side.

[0106] Each of these four stylized season OMG embodiments may further include a net-like or aerating body-facing layer (and/or head facing layer) to provide improved thermal insulation and/or improved humidity dispersal; as is appropriate for first membrane portions which may be transparent and would thus not fog from user's breath, and as is appropriate for second membrane portions which may otherwise accumulate user's body-heat generated moisture.

[0107] It should also be appreciated that there are various combinations of these four stylized season OMG embodiments which may be better suited for local conditions; such as for places with cold rainy weather, or for places with hot rainy weather, and so forth. Likewise, substantially conformal fitted appurtenance membranes, layers, liners, coverings, and structures may be provided, which enhance any of these seasonal properties; making such exemplary enhanced OMG embodiments multifunctional with respect to weather conditions. Furthermore, a membrane may be a dual layer structure, such as having a waterproof heat reflective (space blanket) side and a dark colored heat absorbing side; as could then be useful as a reversible membrane, for reflecting the hot sun of day (away from a user) while preserving the body heat (of the user) by night. An exemplary OMG intended for multi-season use, by virtue of including a reversible first membrane (space blanket), may allow the user to detach and to re-attach second membrane to the hoop, or the like.

[0108] Another personal-size OMG embodiment simply consists of (A) an arching tensile member supported first membrane structure that is capable of covering a person's head and standing torso; and attached thereto, (B) a quasi-equatorial second structure (preferably a second membrane, net, fabric, or combination of straps, and/or having at least one tensile or elastic portion) that is capable of resting on the person's shoulders (or thereabouts)and thereby capable of supporting the person covering tensile member structure. Here too, the quasi-equatorial structure substantially divides the arching tensile member's first membrane coverage-of-the-person between an upper region including the person's head, and a lower region including the person's shoulders and/or some portion of the person's upper torso; much as a standard umbrella in use will be arranged to likewise provide canopy-membrane coverage for the person's head, shoulders, and upper torso (including biceps, close-to-body forearms, and umbrella-shaft-holding hand).

[0109] Of course the tensile member may be a hoop, even a twist-folding or buckle-folding hoop; however many substantially tensegrity supported textile (membrane, fabric, film, etc.) structures are capable of providing adequate functional equivalence. The preferred tensegrity supported structure OMG embodiment employs tensile hoops, rather than traditional bars or struts, to accomplish longstanding need for improved eye/face safety. Furthermore, some variations of this embodiment may have the arching member which is easily foldable from arching to a flat configuration and which is easily pop-open from the flat configuration to the arching; while other variations may have the arching member which is easily folded and unfolded in an accordion-like or origami-like fashion; and still other variations include at least one spring-like portion in the arching memberto help facilitate a pop-open capability.

[0110] Nevertheless, still other variations of this embodiment may not have either easily foldable configuration, or easily pop-open configuration, or both (such as a bow-chain tensegrity loop, a tensegrity-ring, or even a pre-tensegrity space-frame structure); nevertheless, these other variations may be useful articles of apparel for easy distributionparticularly either as a disposable (preferably biodegradable) article, or as a durable (potentially more robust) article. According to one interesting exemplary embodiment, not only is the OMG disposable, but it is intended as a use-once article; such as including treated paper membranes (appropriate surface sizingwhich may even be instantly user laserjet printable).

[0111] Furthermore, particularly regarding variations and additions to these OMG embodiment other variations, mutatis mutandis; the person of the art will easily appreciate that aspects and variations heretofore described (and likewise other aspects derived from the priority applications) are likewise appropriate here.

[0112] It may thus be suggested that, on an instantly practical level, when worn as an umbrella/parasol function-substitute garment, the user of a properly manufactured personal-size OMG should never fall prey to another exasperating confloogle experience again; and this answers the most significant of the longstanding needs for inventive progress in this art. Furthermore, while providing equivalent coverage protection from rain/sun, compared to the problems of a modern umbrella (or parasol), most OMG embodiments are objectively expected to be significantly simpler make, easier carry (flat), harder to lose (often fitting into a briefcase, shopping-bag, or school-bagwhen folded flat), less breakable, substantially more ergonomic to employ, potentially eye-and-face safer (even for children), and actually intuitively socially polite too.

[0113] Finally, (behold) the present invention has herein been described with a certain degree of particularity, however those versed in the art will readily appreciate that various modifications and alterations may be carried out without departing from either the spirit or scope, as hereinafter claimed.