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Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 1 of 60 PageID #: 1

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF DELAWARE

G.I. SPORTZ DIRECT LLC, )


)
Plaintiff )
) C.A. No. ______________
v. )
) JURY TRIAL DEMANDED
VIRTUE PAINTBALL LLC, )
)
Defendant. )

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff G.I. Sportz Direct LLC (G.I. Sportz or Plaintiff) for its Complaint against

Defendant Virtue Paintball LLC (Virtue or Defendant) alleges as follows:

The Nature of the Action

1. This is an action for infringement of United States Patent Nos. 5,791,325 (the

325 Patent); 5,947,100 (the 100 Patent); 7,021,302 (the 302 Patent); 7,357,129 (the 129

Patent); 8,561,600 (the 600 Patent); 9,212,864 (the 864 Patent); and D703,388 (the D388

Patent) (collectively, the Asserted Patents) under 35 U.S.C. 271.

The Parties

2. G.I. Sportz Direct LLC is a Delaware limited liability company, with a principal

place of business at 570 Mantua Boulevard, Sewell, New Jersey 08080, and is the predecessor-

in-interest of the patent rights previously owned by KEE Action Sports, LLC and asserted herein.

3. On information and belief, Virtue is a Delaware limited liability company, with a

principal place of business at 40-14 Oser Avenue, Hauppauge, New York, 11788. Service upon

Virtue may be made by serving its registered agent for service of process, Corporation Service

Company, 251 Little Falls Drive, Wilmington, DE 19808.


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4. On information and belief, Virtue is in the business of selling equipment, parts

and accessories for the sport of paintball, including, but not limited to, paintball guns and

paintball gun parts, paintballs, goggles, loaders and speed feeds, and packs and pods, and derives

revenue from sales and distribution of the products at issue in this District.

Jurisdiction and Venue

5. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331

and 1338(a).

6. This Court has personal jurisdiction over Virtue. On information and belief,

Virtue is incorporated in Delaware, regularly does or solicits business in this jurisdiction at least

via distributors or its interactive website, engages in other persistent courses of conduct in this

jurisdiction, and/or derives substantial revenue from goods and services provided to persons or

entities in this jurisdiction.

7. In addition, the Court has personal jurisdiction over Virtue because it has

established minimum contacts with the forum and the exercise of jurisdiction over Virtue would

not offend traditional notions of fair play and substantial justice. In accordance with established

distribution channels for the accused products, Virtue reasonably anticipated that the accused

products would end up in this District and be sold herein.

8. Venue in this jurisdiction is proper under 28 U.S.C. 1400(b) and the United

States Supreme Courts decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137

S. Ct. 1514 (May 27, 2017).

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General Allegations

9. A popular sporting game has developed over the years, which uses compressed

gas firing mechanisms (markers) to fire projectiles called paintballs. Players use the

paintball markers to shoot the paintballs. These paintballs are gelatin-covered spherical capsules

filled with colored paint. During play of the game, a player is eliminated from the game when

the player is hit by a paintball. When the paintball hits a player, a splat of paint is left on the

players uniform.

10. Plaintiff is part of the paintball industrys GI Group and is an industry leader in

the field of goods used in the sport of paintball, including but not limited to paintball markers,

paintball loaders, paintball goggles, paintballs, paintball gear and apparel, and paintball

accessories.

11. Paintball loaders or hoppers are magazines used to feed projectiles such as

paintballs to a compressed gas gun such as a paintball marker.

12. Among many other products, Plaintiff offers paintball loaders under the brand

names Empire and JT. Plaintiffs paintball loaders have enjoyed substantial success and are

protected by various intellectual property rights, all owned by Plaintiff.

13. Plaintiff also offers paintball goggles and protective facemasks, including but not

limited to those sold under the brand names JT and Empire. Plaintiffs paintball goggles and

protective facemasks have enjoyed substantial success and are protected by various intellectual

property rights owned by Plaintiff.

The Asserted Patents

14. On August 11, 1998, the United States Patent and Trademark Office (USPTO)

duly and lawfully issued the 325 Patent, titled Paint Ball Gun Agitator, Sensor Trigger and

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Duration Control. Plaintiff was the exclusive licensee of the 325 Patent with the right to

enforce the 325 Patent, including the right to independently sue infringers and collect damages

for any infringements of the 325 Patent during the enforceable term of the 325 Patent. The

325 Patent expired on April 30, 2017. A true and correct copy of the 325 Patent is attached

hereto as Exhibit A.

15. On September 7, 1999, the USPTO duly and lawfully issued the 100 Patent,

titled Paint Ball Gun Agitator Sound Trigger and Duration Control. Plaintiff was the exclusive

licensee of the 100 Patent with the right to enforce the 100 Patent, including the right to

independently sue infringers and collect damages for any infringements of the 100 Patent during

the enforceable term of the 100 Patent. The 100 Patent expired on April 30, 2017. A true and

correct copy of the 100 Patent is attached hereto as Exhibit B.

16. On April 4, 2006, the USPTO duly and lawfully issued the 302 Patent, titled

Active Feed Paintball Loader with Flexible Impeller. Plaintiff is the owner by assignment of

all right, title, and interest in the 302 Patent. A true and correct copy of the 302 Patent is

attached hereto as Exhibit C.

17. On April 15, 2008, the USPTO duly and lawfully issued the 129 Patent, titled

Active Feed Paintball Loader with Flexible Impeller. Plaintiff is the owner by assignment of

all right, title, and interest in the 129 Patent. A true and correct copy of the 129 Patent is

attached hereto as Exhibit D.

18. On October 22, 2013, the USPTO duly and lawfully issued the 600 Patent, titled

Paintball Loader. Plaintiff is the owner by assignment of all right, title, and interest in the 600

Patent. A true and correct copy of the 600 Patent is attached hereto as Exhibit E.

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19. On December 15, 2015, the USPTO duly and lawfully issued the 864 Patent,

titled Paintball Loader. Plaintiff is the owner by assignment of all right, title, and interest in

the 864 Patent. A true and correct copy of the 864 Patent is attached hereto as Exhibit F.

20. On April 22, 2014, the USPTO duly and lawfully issued the D388 Patent, titled

Protective Mask. Plaintiff is the owner by assignment of all right, title, and interest in the

D388 Patent. A true and correct copy of the D388 Patent is attached hereto as Exhibit G.

Virtues Accused Paintball Loaders

21. Virtue manufactures, uses, sells, offers for sale, and/or imports into the United

States paintball loaders that have infringed Plaintiffs patent rights, including the 325 Patent, the

100 Patent, the 302 Patent, the 129 Patent, the 600 Patent, and the 864 Patent.

22. Specifically, Virtues paintball loaders marketed under the brand name SPIRE,

including, but not limited to, paintball loaders sold under the names Spire, Spire 200, Spire

260, and Spire III (collectively, the Accused Paintball Loaders) directly and/or indirectly

infringe, literally and/or under the doctrine of equivalents, at least one claim of the 325 Patent,

the 100 Patent, the 302 Patent, the 129 Patent, the 600 Patent, and/or the 864 Patent. Images

of the Accused Paintball Loaders are attached hereto as Exhibit H.

Virtues Accused Protective Masks

23. Virtue manufactures, uses, sells, offers for sale, and/or imports into the United

States paintball protective masks that have infringed Plaintiffs patent rights, including the D388

Patent.

24. Specifically, Defendants paintball protective masks marketed under the brand

names VIO Contour and VIO Extend (the Accused Protective Masks), images of which

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are shown in attached Exhibit I. The Accused Protective Masks each have a design that would

appear to an ordinary observer to be substantially similar to the drawings of the D388 Patent.

Virtues Knowing Infringement

25. Virtue had actual knowledge of the Asserted Patents issued as of April 2015 since

at least April 2015, when the parties engaged in potential licensing discussions regarding the

Asserted Patents, the Accused Paintball Loaders and the Accused Protective Masks.

26. On March 22, 2017, Plaintiff sent a comprehensive Notice of Infringement letter

to counsel for Virtue, outlining the infringing products and Asserted Patents. (See Exhibit J.)

27. Virtues counsel confirmed receipt of the Notice of Infringement letter on March

29, 2017. (See Exhibit K.)

28. Virtues counsel has never responded further, and Virtue nonetheless continues

infringing the Asserted Patents to this day.

29. Virtues acts complained of herein have caused Plaintiff to suffer irreparable

injury to its business. Plaintiff will continue to suffer substantial loss and irreparable injury

unless and until Virtue is enjoined from its wrongful actions complained of herein.

30. On information and belief, Virtues acts complained of herein are willful,

deliberate, with full knowledge of the Asserted Patents, and in bad faith.

COUNT I
INFRINGEMENT OF U.S. PATENT NO. 5,791,325

31. Plaintiff repeats and re-alleges the allegations of Paragraphs 1-30 of this

Complaint as if set forth fully herein.

32. This is a claim for patent infringement of the 325 Patent under 35 U.S.C. 271.

33. A true and correct copy of the 325 Patent is attached as Exhibit A.

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34. On information and belief, Virtue, through its agents, employees, and/or servants

has knowingly, intentionally, and willfully infringed the 325 Patent by making, using, selling,

offering for sale, and/or importing the Accused Paintball Loaders that directly and/or indirectly

infringe at least one claim of the 325 Patent.

VIRTUES SPIRE 200 AND SPIRE 260 PAINTBALL LOADERS

35. Virtues paintball loaders marketed under the names Spire 200 and Spire 260

infringe one or more claims of the 325 Patent.

36. For example, Claim 14 of the 325 Patent recites a controller for a paintball

magazine agitator comprising: a demand sensor having an indicator indicating a demand for

paint balls, means for activating said paint ball magazine agitator responsive to said indicator,

means for prolonging activation of said agitator for an extended time interval after said indicator

has ceased said indicating.

37. Virtues Spire 200 and Spire 260 paintball loaders include a controller for a

paint ball magazine agitator.

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38. Virtues Spire 200 and Spire 260 paintball loaders include a demand sensor

having an indicator indicating a demand for paint balls.

39. The Manual for Virtues Spire 200 and Spire 260 explains that Virtues

Spire 200 and Spire 260 include a Shot Activated Sensor: Intelligent G-Force Sensor that

isolates and detects acceleration from each shot. See Exhibit L at p. 2.

40. The Manual for Virtues Spire 200 and Spire 260 also explains that:

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The Spire uses a G-force sensor that detects the small recoil that
occurs when shooting a paintball marker. During normal operation
the Spire first rotates the anti-jam paddle forward until the stack
of balls is full. This causes an increase in the force to move the
paddle which is detected and the motor is then stopped. When a
shot is fired the G-force sensor detects the shot and the paddle is
rotated forward until the stack is full again. The faster the gun is
fired the faster the paddle is rotated.

Exhibit L at p. 4.

41. Virtues Spire 200 and Spire 260 paintball loaders include a means for

activating said paint ball magazine agitator responsive to said indicator. The Manual for

Virtues Spire 200 and Spire 260 explains that [w]hen a shot is fired the G-force sensor

detects the shot and the paddle is rotated forward until the stack is full again. Exhibit L at p. 4.

42. Virtues Spire 200 and Spire 260 paintball loaders include a means for

prolonging activation of said agitator for an extended time interval after said indicator has ceased

said indicating. The Manual for Virtues Spire 200 and Spire 260 indicates that [w]hen

the Spire is out of paint it will keep a slow rotation that saves battery life . . . . Exhibit L at

p. 4. The Manual for Virtues Spire 200 and Spire 260 also indicates that the G-Force

Sensitivity setting may be adjusted to prolong activation of said agitator for an extended time

interval after said indicator has ceased said indicating:

Exhibit L at p. 6.

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43. The Manual for Virtues Spire 200 and Spire 260 also indicates that the

agitator may be activated for an extended time interval after said indicator has ceased said

indicating via an Electronic Force Feed Button. See Exhibit L at p. 5.

44. Virtues acts of infringement of the 325 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 325 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 325 Patent. Virtue infringed the

325 Patent with reckless disregard of Plaintiffs patent rights. Virtue knew, or it was so obvious

that Virtue should have known, that its actions constituted infringement of the 325 Patent.

45. On information and belief, Virtue took active steps to induce infringement by

others, including one or more of distributors, retailers, and customers, of one or more claims of

the 325 Patent in violation of 35 U.S.C. 271(b).

46. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire 200 and Spire 260 paintball loaders.

For example, Virtue advertises and encourages the use of its Spire 200 and Spire 260

paintball loaders:

https://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-loader-paintball-hopper/

and

http://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-260-paintball-loader-virtue-

spire-260-hopper/.

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47. On information and belief, Virtue knows or should know that such activities

induced others to directly infringe one or more claims of the 325 Patent by selling, offering for

sale and/or using its Spire 200 and Spire 260 paintball loaders.

48. On information and belief, Virtue contributorily infringed one or more claims of

the 325 Patent by making, using, offering to sell, importing, and/or selling its Spire 200 and

Spire 260 paintball loaders in the United States in violation of 35 U.S.C. 271(c). On

information and belief, Virtue knows or should know that its Spire 200 and Spire 260

paintball loaders include a controller that is especially adapted for a use that infringes the 325

Patent and that there is no substantial non-infringing use for said controller.

VIRTUES SPIRE III PAINTBALL LOADER

49. Virtues paintball loader marketed under the name Spire III infringes one or

more claims of the 325 Patent.

50. For example, Claim 14 of the 325 Patent recites a controller for a paintball

magazine agitator comprising: a demand sensor having an indicator indicating a demand for

paint balls, means for activating said paint ball magazine agitator responsive to said indicator,

means for prolonging activation of said agitator for an extended time interval after said indicator

has ceased said indicating.

51. Virtues Spire III paintball loader includes a controller for a paint ball magazine

agitator.

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52. Virtues Spire III paintball loader includes a demand sensor having an

indicator indicating a demand for paint balls.

53. The Manual for Virtues Spire III, attached hereto as Exhibit M, explains that

Virtues Spire III includes an enhanced G-force sensor that detects the small recoil that occurs

when shooting a paintball marker. Exhibit M at p. 3.

54. The Manual for Virtues Spire III also explains that:

The Spire III G-force sensor is isolated and mounted in a silicone


anti-vibration housing to allow the sensor to perform better than on
previous Spire loaders. During normal operation the Spire III

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spins Spire Drive forward until the stack is full. When the stack is
full, software detects the increase in Drive Pressure through the
motor and then stops. When a shot is fired the G-force sensor
detects the shot and the Spire Drive is rotated forward until the
stack is full again. The faster the gun is fired the faster the Spire
Drive is rotated.

Exhibit M at p. 3.

55. Virtues Spire III paintball loader includes a means for activating said paint

ball magazine agitator responsive to said indicator. The Manual for Virtues Spire III

explains that [w]hen a shot is fired the G-force sensor detects the shot and the Spire Drive is

rotated forward until the stack is full again. Exhibit M at p. 3.

56. Virtues Spire III paintball loader includes a means for prolonging activation

of said agitator for an extended time interval after said indicator has ceased said indicating. The

Manual for Virtues Spire III indicates that [w]hen the Spire III is out of paint it will keep a

slow rotation that saves battery life . . . . Exhibit M at p. 3. The Manual for Virtues Spire

III also indicates that the G-Force Sensitivity setting may be adjusted to prolong activation of

said agitator for an extended time interval after said indicator has ceased said indicating:

Exhibit M at p. 6.

57. The Manual for Virtues Spire III also indicates that the agitator may be

activated for an extended time interval after said indicator has ceased said indicating via an

Electronic Force Feed Button. See Exhibit M at p. 4.

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58. Virtues acts of infringement of the 325 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 325 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 325 Patent. Virtue infringed the

325 Patent with reckless disregard of Plaintiffs patent rights. Virtue knew, or it was so obvious

that Virtue should have known, that its actions constitute infringement of the 325 Patent.

59. On information and belief, Virtue took active steps to induce infringement by

others, including one or more of distributors, retailers, and customers, of one or more claims of

the 325 Patent in violation of 35 U.S.C. 271(b).

60. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire III paintball loader. For example,

Virtue advertises and encourages the use of its Spire III paintball loader:

https://www.virtuepb.com/site/virtue-spire-iii-paintball-loader-virtue-spire-3-paintball-hopper/.

61. On information and belief, Virtue knows or should know that such activities

induced others to directly infringe one or more claims of the 325 Patent by selling, offering for

sale and/or using its Spire III paintball loader.

62. On information and belief, Virtue contributorily infringed one or more claims of

the 325 Patent by making, using, offering to sell, importing, and/or selling its Spire III

paintball loader in the United States in violation of 35 U.S.C. 271(c). On information and

belief, Virtue knows or should know that its Spire III paintball loader includes a controller that

is especially adapted for a use that infringes the 325 Patent and that there is no substantial non-

infringing use for said controller.

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63. By its actions, Virtue has injured Plaintiff and is liable to Plaintiff for

infringement of the 325 Patent pursuant to 35 U.S.C. 271.

64. Plaintiff has been substantially and irreparably damaged by Virtues infringement

of the 325 Patent.

65. Plaintiff does not have an adequate remedy at law.

66. This case is exceptional, and Plaintiff is entitled to an award of its reasonable

attorneys fees under 35 U.S.C. 285.

COUNT II
INFRINGEMENT OF U.S. PATENT NO. 5,947,100

67. Plaintiff repeats and re-alleges the allegations of Paragraphs 1-66 of this

Complaint as if set forth fully herein.

68. This is a claim for patent infringement under 35 U.S.C. 271.

69. A true and correct copy of the 100 Patent is attached as Exhibit B.

70. On information and belief, Virtue, through its agents, employees, and/or servants

has knowingly, intentionally, and willfully infringed the 100 Patent by making, using, selling,

offering for sale, and/or importing the Accused Paintball Loaders that directly and/or indirectly

infringe at least one claim of the 100 Patent.

VIRTUES SPIRE 200 AND SPIRE 260 PAINTBALL LOADERS

71. Virtues paintball loaders marketed under the names Spire 200 and Spire 260

infringe one or more claims of the 100 Patent.

72. For example, Claim 14 of the 100 Patent recites a method of refilling a paint ball

gun magazine feeder tube comprising the steps of: detecting pressure waves in a medium;

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initiating an electrical pulse responsive to said pressure waves of duration greater than a duration

of said pressure waves; activating a paint ball agitator responsive to said electrical pulse and

thereby moving paint balls into said feeder tube, whereby said paint ball agitator is activated

irrespective of the presence or absence of paint within said feeder tube and wherein said paint

ball agitator activates responsive to firing.

73. Virtues Spire 200 and Spire 260 paintball loaders include a paint ball gun

magazine feeder tube:

74. Virtues Spire 200 and Spire 260 paintball loaders include a sensor and

associated circuitry:

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75. Virtues Spire 200 and Spire 260 paintball loaders include a paint ball

agitator:

76. Virtues Spire 200 and Spire 260 paintball loaders detect pressure waves in a

medium. For example, the Manual for Virtues Spire 200 and Spire 260 paintball loaders

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explains that Virtues Spire 200 and Spire 260 include a Shot Activated Sensor: Intelligent

G-Force Sensor that isolates and detects acceleration from each shot. See Exhibit L at p. 2.

77. Virtues Spire 200 and Spire 260 paintball loaders initiate an electrical pulse

responsive to said pressure waves of duration greater than a duration of said pressure waves. For

example, the Manual for Virtues Spire 200 and Spire 260 paintball loaders explains that:

The Spire uses a G-force sensor that detects the small recoil that
occurs when shooting a paintball marker. During normal operation
the Spire first rotates the anti-jam paddle forward until the stack
of balls is full. This causes an increase in the force to move the
paddle which is detected and the motor is then stopped. When a
shot is fired the G-force sensor detects the shot and the paddle is
rotated forward until the stack is full again. The faster the gun is
fired the faster the paddle is rotated.

Exhibit L at p. 4.

78. Virtues Spire 200 and Spire 260 paintball loaders activate the paint ball

agitator in response to said electrical pulse and thereby move paint balls into said feeder tube,

refilling said feeder tube. For example, the Manual for Virtues Spire 200 and Spire 260

paintball loaders explains that [w]hen a shot is fired the G-force sensor detects the shot and the

paddle is rotated forward until the stack is full again. Exhibit L at p. 4.

79. The agitator of Virtues Spire 200 and Spire 260 paintball loaders is activated

irrespective of the presence or absence of paint within said feeder tube and the agitator activates

responsive to firing. For example, the Manual for Virtues Spire 200 and Spire 260 paintball

loaders explains that [w]hen a shot is fired the G-force sensor detects the shot and the paddle is

rotated forward until the stack is full again. Exhibit L at p. 4.

80. Therefore, use of Virtues Spire 200 and Spire 260 paintball loaders,

according to its intended purpose and/or the Manual accompanying those products, directly

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infringes (literally or under the doctrine of equivalents) the claims of the 100 Patent, including

but not limited to Claim 14.

81. Virtues acts of infringement of the 100 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 100 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 100 Patent. Virtue infringed the

100 Patent with reckless disregard of Plaintiffs patent rights. Virtue knew, or it was so obvious

that Virtue should have known, that its actions constitute infringement of the 100 Patent.

82. On information and belief, Virtue takes active steps to induce infringement by

others, including one or more of distributors, retailers, and customers, of one or more claims of

the 100 Patent in violation of 35 U.S.C. 271(b).

83. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire 200 and Spire 260 paintball loaders.

For example, Virtue advertises and encourages the use of its Spire 200 and Spire 260

paintball loaders:

https://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-loader-paintball-hopper/

and

http://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-260-paintball-loader-virtue-

spire-260-hopper/.

84. On information and belief, Virtue knows or should know that such activities

induced others to directly infringe one or more claims of the 100 Patent by selling, offering for

sale and/or using its Spire 200 and Spire 260 paintball loaders.

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85. On information and belief, Virtue contributorily infringed one or more claims of

the 100 Patent by making, using, offering to sell, importing, and/or selling its Spire 200 and

Spire 260 paintball loaders in the United States in violation of 35 U.S.C. 271(c). On

information and belief, Virtue knows or should know that its Spire 200 and Spire 260

paintball loaders are especially adapted for a use that infringes the 100 Patent and that there is

no substantial non-infringing use for its Spire 200 and Spire 260 paintball loaders.

VIRTUES SPIRE III PAINTBALL LOADER

86. Virtues paintball loader marketed under the name Spire III infringes one or

more claims of the 100 Patent.

87. For example, Claim 14 of the 100 Patent recites a method of refilling a paint ball

gun magazine feeder tube comprising the steps of: detecting pressure waves in a medium;

initiating an electrical pulse responsive to said pressure waves of duration greater than a duration

of said pressure waves; activating a paint ball agitator responsive to said electrical pulse and

thereby moving paint balls into said feeder tube, whereby said paint ball agitator is activated

irrespective of the presence or absence of paint within said feeder tube and wherein said paint

ball agitator activates responsive to firing.

88. Virtues Spire III paintball loader includes a paint ball gun magazine feeder

tube:

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89. Virtues Spire III paintball loader includes a sensor and associated circuitry:

90. Virtues Spire III paintball loader includes a paint ball agitator:

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91. Virtues Spire III paintball loader detects pressure waves in a medium. For

example, the Manual for Virtues Spire III paintball loader explains that Virtues Spire III

includes an enhanced G-force sensor that detects the small recoil that occurs when shooting a

paintball marker. Exhibit M at p. 3.

92. Virtues Spire III paintball loader initiates an electrical pulse responsive to said

pressure waves of duration greater than a duration of said pressure waves. For example, the

Manual for Virtues Spire III paintball loader explains that:

The Spire III G-force sensor is isolated and mounted in a silicone


anti-vibration housing to allow the sensor to perform better than on
previous Spire loaders. During normal operation the Spire III
spins Spire Drive forward until the stack is full. When the stack is
full, software detects the increase in Drive Pressure through the
motor and then stops. When a shot is fired the G-force sensor
detects the shot and the Spire Drive is rotated forward until the
stack is full again. The faster the gun is fired the faster the Spire
Drive is rotated.

Exhibit M at p. 3.

93. Virtues Spire III paintball loader activates the paint ball agitator in response to

said electrical pulse and thereby moves paint balls into said feeder tube, refilling said feeder

tube. For example, the Manual for Virtues Spire III paintball loader explains that [w]hen a

shot is fired the G-force sensor detects the shot and the Spire Drive is rotated forward until the

stack is full again. Exhibit M at p. 3.

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94. The agitator of Virtues Spire III paintball loader is activated irrespective of the

presence or absence of paint within said feeder tube and the agitator activates responsive to

firing. For example, the Manual for Virtues Spire III paintball loader explains that [w]hen a

shot is fired the G-force sensor detects the shot and the Spire Drive is rotated forward until the

stack is full again. Exhibit M at p. 3.

95. Therefore, use of Virtues Spire III paintball loader, according to its intended

purpose and/or the Manual accompanying the Spire III, directly infringes (literally or under the

doctrine of equivalents) the claims of the 100 Patent, including but not limited to Claim 14.

96. Virtues acts of infringement of the 100 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 100 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 100 Patent. Virtue infringed the

100 Patent with reckless disregard of Plaintiffs patent rights. Virtue knew, or it was so obvious

that Virtue should have known, that its actions constitute infringement of the 100 Patent.

97. On information and belief, Virtue takes active steps to induce infringement by

others, including one or more of distributors, retailers, and customers, of one or more claims of

the 100 Patent in violation of 35 U.S.C. 271(b).

98. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire III paintball loader. For example,

Virtue advertises and encourages the use of its Spire III paintball loader:

http://www.virtuepb.com/site/virtue-spire-iii-paintball-loader-virtue-spire-3-paintball-hopper/.

23
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99. On information and belief, Virtue knows or should know that such activities

induced others to directly infringe one or more claims of the 100 Patent by selling, offering for

sale and/or using its Spire III paintball loader.

100. On information and belief, Virtue contributorily infringed one or more claims of

the 100 Patent by making, using, offering to sell, importing, and/or selling its Spire III

paintball loader in the United States in violation of 35 U.S.C. 271(c). On information and

belief, Virtue knows or should know that its Spire III paintball loader is especially adapted for

a use that infringes the 100 Patent and that there is no substantial non-infringing use for its

Spire III paintball loader.

101. By its actions, Virtue has injured Plaintiff and is liable to Plaintiff for

infringement of the 100 Patent pursuant to 35 U.S.C. 271.

102. Plaintiff has been substantially and irreparably damaged by Virtues infringement

of the 100 Patent.

103. Plaintiff does not have an adequate remedy at law.

104. This case is exceptional, and Plaintiff is entitled to an award of its reasonable

attorneys fees under 35 U.S.C. 285.

COUNT III
INFRINGEMENT OF U.S. PATENT NO. 7,021,302

105. Plaintiff repeats and re-alleges the allegations of Paragraphs 1-104 of this

Complaint as if set forth fully herein.

106. This is a claim for patent infringement under 35 U.S.C. 271.

107. A true and correct copy of the 302 Patent is attached as Exhibit C.

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108. On information and belief, Virtue, through its agents, employees, and/or servants

has, and continues to, knowingly, intentionally, and willfully infringe the 302 Patent by making,

using, selling, offering for sale, and/or importing the Accused Paintball Loaders that directly

and/or indirectly infringe at least one claim of the 302 Patent.

VIRTUES SPIRE 200 AND SPIRE 260 PAINTBALL LOADERS

109. Virtues paintball loaders marketed under the names Spire 200 and Spire 260

infringe one or more claims of the 302 Patent.

110. For example, Claim 16 of the 302 Patent recites an active feed paintball loader

comprising: a housing for storing paintballs, a bottom well in the housing with a paintball outlet,

a rotatable shaft projecting upwardly into the well, a motor for driving the shaft, and an impeller

in the well mounted on and rotatable with the shaft for moving paintballs toward the outlet,

wherein the impeller comprises: a hub mounted on and rotatable with the shaft; and a plurality of

resilient arms extending outwardly from the hub and accommodating paintballs therebetween.

111. Virtues Spire 200 and Spire 260 paintball loaders are active feed paintball

loaders.

112. Virtues Spire 200 and Spire 260 paintball loaders comprise a housing for

storing paintballs, a bottom well in the housing with a paintball outlet, and a rotatable shaft

projecting upwardly into the well, a motor for driving the shaft, and an impeller in the well

mounted on and rotatable with the shaft for moving paintballs toward the outlet.

25
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26
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113. The impeller of Virtues Spire 200 and Spire 260 paintball loaders comprises

a hub mounted on and rotatable with the shaft; and a plurality of resilient arms extending

outwardly from the hub and accommodating paintballs therebetween.

114. Virtues acts of infringement of the 302 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 302 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 302 Patent. Virtue has and

27
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continues to infringe the 302 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Defendant should have known, that its actions constitute

infringement of the 302 Patent.

115. On information and belief, Virtue has and continues to take active steps to induce

infringement by others, including one or more of distributors, retailers, and customers, of one or

more claims of the 302 Patent in violation of 35 U.S.C. 271(b).

116. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire 200 and Spire 260 paintball loaders.

For example, Virtue advertises and encourages the use of its Spire 200 and Spire 260

paintball loaders:

https://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-loader-paintball-hopper/

and

http://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-260-paintball-loader-virtue-

spire-260-hopper/.

117. On information and belief, Virtue knows or should know that such activities

induce others to directly infringe one or more claims of the 302 Patent by selling, offering for

sale and/or using its Spire 200 and Spire 260 paintball loaders.

118. On information and belief, Virtue has and continues to contributorily infringe one

or more claims of the 302 Patent by making, using, offering to sell, importing, and/or selling its

Spire 200 and Spire 260 paintball loaders in the United States in violation of 35 U.S.C.

271(c). On information and belief, Virtue knows or should know that its Spire 200 and Spire

28
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260 paintball loaders are especially adapted for a use that infringes the 302 Patent and that

there is no substantial non-infringing use for said paintball loaders.

VIRTUES SPIRE III PAINTBALL LOADER

119. Virtues paintball loader marketed under the name Spire III infringes one or

more claims of the 302 Patent.

120. For example, Claim 16 of the 302 Patent recites an active feed paintball loader

comprising: a housing for storing paintballs, a bottom well in the housing with a paintball outlet,

a rotatable shaft projecting upwardly into the well, a motor for driving the shaft, and an impeller

in the well mounted on and rotatable with the shaft for moving paintballs toward the outlet,

wherein the impeller comprises: a hub mounted on and rotatable with the shaft; and a plurality of

resilient arms extending outwardly from the hub and accommodating paintballs therebetween.

121. Virtues Spire III paintball loader is an active feed paintball loader.

122. Virtues Spire III paintball loader comprises a housing for storing paintballs, a

bottom well in the housing with a paintball outlet, and a rotatable shaft projecting upwardly into

the well, a motor for driving the shaft, and an impeller in the well mounted on and rotatable with

the shaft for moving paintballs toward the outlet.

29
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123. The impeller of Virtues Spire III paintball loader comprises a hub mounted on

and rotatable with the shaft; and a plurality of resilient arms extending outwardly from the hub

and accommodating paintballs therebetween.

30
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124. Virtues acts of infringement of the 302 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 302 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 302 Patent. Virtue has and

continues to infringe the 302 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Virtue should have known, that its actions constitute

infringement of the 302 Patent.

125. On information and belief, Virtue has and continues to take active steps to induce

infringement by others, including one or more of distributors, retailers, and customers, of one or

more claims of the 302 Patent in violation of 35 U.S.C. 271(b).

126. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire III paintball loader. For example,

Virtue advertises and encourages the use of its Spire III paintball loader:

http://www.virtuepb.com/site/virtue-spire-iii-paintball-loader-virtue-spire-3-paintball-hopper/.

31
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127. On information and belief, Virtue knows or should know that such activities

induce others to directly infringe one or more claims of the 302 Patent by selling, offering for

sale and/or using its Spire III paintball loader.

128. On information and belief, Virtue has and continues to contributorily infringe one

or more claims of the 302 Patent by making, using, offering to sell, importing, and/or selling its

Spire III paintball loader in the United States in violation of 35 U.S.C. 271(c). On

information and belief, Virtue knows or should know that its Spire III paintball loader is

especially adapted for a use that infringes the 302 Patent and that there is no substantial non-

infringing use for said paintball loader.

129. By its actions, Virtue has and continues to injure Plaintiff and is liable to Plaintiff

for infringement of the 302 Patent pursuant to 35 U.S.C. 271.

130. Plaintiff will be substantially and irreparably damaged and harmed if Virtues

infringement of the 302 Patent is not enjoined.

131. Plaintiff does not have an adequate remedy at law.

132. This case is exceptional, and Plaintiff is entitled to an award of its reasonable

attorneys fees under 35 U.S.C. 285.

COUNT IV
INFRINGEMENT OF U.S. PATENT NO. 7,357,129

133. Plaintiff repeats and re-alleges the allegations of Paragraphs 1-132 of this

Complaint as if set forth fully herein.

134. This is a claim for patent infringement under 35 U.S.C. 271.

135. A true and correct copy of the 129 Patent is attached as Exhibit D.

136. On information and belief, Virtue, through its agents, employees, and/or servants

has, and continues to, knowingly, intentionally, and willfully infringe the 129 Patent by making,

32
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using, selling, offering for sale, and/or importing the Accused Paintball Loaders that directly

and/or indirectly infringe at least one claim of the 129 Patent.

VIRTUES SPIRE 200 AND SPIRE 260 PAINTBALL LOADERS

137. Virtues paintball loaders marketed under the names Spire 200 and Spire 260

infringe one or more claims of the 129 Patent.

138. For example, Claim 1 of the 129 Patent recites a paintball loader comprising a

housing with a paintball outlet, a rotatable shaft projecting upwardly into the housing, a motor

for driving the shaft, and an impeller in the housing mounted on and rotatable with the shaft for

moving paintballs, wherein the impeller comprises a hub mounted on and rotatable with the

shaft, and a plurality of resilient arms extending outwardly from the hub.

139. Virtues Spire 200 and Spire 260 paintball loaders comprise a housing with a

paintball outlet, a rotatable shaft projecting upwardly into the housing, a motor for driving the

shaft, and an impeller in the housing mounted on and rotatable with the shaft for moving

paintballs.

33
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140. The impeller of Virtues Spire 200 and Spire 260 paintball loaders comprises

a hub mounted on and rotatable with the shaft; and a plurality of resilient arms extending

outwardly from the hub.

34
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141. Virtues acts of infringement of the 129 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 129 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 129 Patent. Virtue has and

continues to infringe the 129 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Virtue should have known, that its actions constitute

infringement of the 129 Patent.

142. On information and belief, Virtue has and continues to take active steps to induce

infringement by others, including one or more of distributors, retailers, and customers, of one or

more claims of the 129 Patent in violation of 35 U.S.C. 271(b).

143. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire 200 and Spire 260 paintball loaders.

For example, Virtue advertises and encourages the use of its Spire 200 and Spire 260

paintball loaders:

35
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 36 of 60 PageID #: 36

https://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-loader-paintball-hopper/

and

http://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-260-paintball-loader-virtue-

spire-260-hopper/.

144. On information and belief, Virtue knows or should know that such activities

induce others to directly infringe one or more claims of the 129 Patent by selling, offering for

sale and/or using its Spire 200 and Spire 260 paintball loaders.

145. On information and belief, Virtue has and continues to contributorily infringe one

or more claims of the 129 Patent by making, using, offering to sell, importing, and/or selling its

Spire 200 and Spire 260 paintball loaders in the United States in violation of 35 U.S.C.

271(c). On information and belief, Virtue knows or should know that its Spire 200 and Spire

260 paintball loaders are especially adapted for a use that infringes the 129 Patent and that

there is no substantial non-infringing use for said paintball loaders.

VIRTUES SPIRE III PAINTBALL LOADER

146. Virtues paintball loader marketed under the name Spire III infringes one or

more claims of the 129 Patent.

147. For example, Claim 1 of the 129 Patent recites a paintball loader comprising a

housing with a paintball outlet, a rotatable shaft projecting upwardly into the housing, a motor

for driving the shaft, and an impeller in the housing mounted on and rotatable with the shaft for

moving paintballs, wherein the impeller comprises a hub mounted on and rotatable with the

shaft, and a plurality of resilient arms extending outwardly from the hub.

36
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148. Virtues Spire III paintball loader comprises a housing with a paintball outlet, a

rotatable shaft projecting upwardly into the housing, a motor for driving the shaft, and an

impeller in the housing mounted on and rotatable with the shaft for moving paintballs.

37
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149. The impeller of Virtues Spire III paintball loader comprises a hub mounted on

and rotatable with the shaft; and a plurality of resilient arms extending outwardly from the hub.

150. Virtues acts of infringement of the 129 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 129 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 129 Patent. Virtue has and

continues to infringe the 129 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Virtue should have known, that its actions constitute

infringement of the 129 Patent.

151. On information and belief, Virtue has and continues to take active steps to induce

infringement by others, including one or more of distributors, retailers, and customers, of one or

more claims of the 129 Patent in violation of 35 U.S.C. 271(b).

152. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire III paintball loader. For example,

Virtue advertises and encourages the use of its Spire III paintball loader:

38
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 39 of 60 PageID #: 39

http://www.virtuepb.com/site/virtue-spire-iii-paintball-loader-virtue-spire-3-paintball-hopper/.

153. On information and belief, Virtue knows or should know that such activities

induce others to directly infringe one or more claims of the 129 Patent by selling, offering for

sale and/or using its Spire III paintball loader.

154. On information and belief, Virtue has and continues to contributorily infringe one

or more claims of the 129 Patent by making, using, offering to sell, importing, and/or selling its

Spire III paintball loader in the United States in violation of 35 U.S.C. 271(c). On

information and belief, Virtue knows or should know that its Spire III paintball loader is

especially adapted for a use that infringes the 129 Patent and that there is no substantial non-

infringing use for said paintball loader.

155. By its actions, Virtue has and continues to injure Plaintiff and is liable to Plaintiff

for infringement of the 129 Patent pursuant to 35 U.S.C. 271.

156. Plaintiff will be substantially and irreparably damaged and harmed if Virtues

infringement of the 129 Patent is not enjoined.

157. Plaintiff does not have an adequate remedy at law.

158. This case is exceptional, and Plaintiff is entitled to an award of its reasonable

attorneys fees under 35 U.S.C. 285.

COUNT V
INFRINGEMENT OF U.S. PATENT NO. 8,561,600

159. Plaintiff repeats and re-alleges the allegations of Paragraphs 1-158 of this

Complaint as if set forth fully herein.

160. This is a claim for patent infringement under 35 U.S.C. 271.

161. A true and correct copy of the 600 Patent is attached as Exhibit E.

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162. On information and belief, Virtue, through its agents, employees, and/or servants

has, and continues to, knowingly, intentionally, and willfully infringe the 600 Patent by making,

using, selling, offering for sale, and/or importing the Accused Paintball Loaders that directly

and/or indirectly infringe at least one claim of the 600 Patent.

VIRTUES SPIRE 200 AND SPIRE 260 PAINTBALL LOADERS

163. Virtues paintball loaders marketed under the names Spire 200 and Spire 260

infringe one or more claims of the 600 Patent.

164. For example, Claim 1 of the 600 Patent recites a paintball loader for loading

paintballs and for use on a paintball gun comprising: a container for holding a plurality of

paintballs having an interior; a paintball agitator rotatably mounted in the container, the paintball

agitator having a raised central portion with at least one surface sloping downwardly and

outwardly from the central portion, the paintball agitator configured to rotate about an axis; the

paintball agitator comprising at least two fins extending outwardly from the paintball agitator,

the fins spaced apart from each other forming a gap therebetween large enough to accommodate

more than one paintball; at least two paintballs positioned in the gap between the fins; a motor

configured to rotate the paintball agitator; an exit tube in communication with the interior of the

container; a microprocessor for controlling operation of the motor; and a sensor in

communication with the microprocessor.

165. Virtues Spire 200 and Spire 260 are paintball loaders for loading paintballs

and are for use on paintball guns.

166. Virtues Spire 200 and Spire 260 paintball loaders comprise a container for

holding a plurality of paintballs having an interior, a paintball agitator rotatably mounted in the

container, a motor configured to rotate the paintball agitator, an exit tube in communication with

40
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the interior of the container; a microprocessor for controlling operation of the motor; and a

sensor in communication with the microprocessor.

41
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167. The paintball agitator of Virtues Spire 200 and Spire 260 has a raised central

portion with at least one surface sloping downwardly and outwardly from the central portion.

The paintball agitator of Virtues Spire 200 and Spire 260 is configured to rotate about an

axis. The paintball agitator of Virtues Spire 200 and Spire 260 comprises at least two fins

extending outwardly from the paintball agitator. The at least two fins are spaced apart from each

other forming a gap therebetween large enough to accommodate more than one paintball. The

gap is large enough to accommodate at least two paintballs.

42
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168. Virtues acts of infringement of the 600 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 600 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 600 Patent. Virtue has and

continues to infringe the 600 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Virtue should have known, that its actions constitute

infringement of the 600 Patent.

169. On information and belief, Virtue has and continues to take active steps to induce

infringement by others, including one or more of distributors, retailers, and customers, of one or

more claims of the 600 Patent in violation of 35 U.S.C. 271(b).

170. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire 200 and Spire 260 paintball loaders.

For example, Virtue advertises and encourages the use of its Spire 200 and Spire 260

paintball loaders:

43
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 44 of 60 PageID #: 44

https://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-loader-paintball-hopper/

and

http://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-260-paintball-loader-virtue-

spire-260-hopper/.

171. On information and belief, Virtue knows or should know that such activities

induce others to directly infringe one or more claims of the 600 Patent by selling, offering for

sale and/or using its Spire 200 and Spire 260 paintball loaders.

172. On information and belief, Virtue has and continues to contributorily infringe one

or more claims of the 600 Patent by making, using, offering to sell, importing, and/or selling its

Spire 200 and Spire 260 paintball loaders in the United States in violation of 35 U.S.C.

271(c). On information and belief, Virtue knows or should know that its Spire 200 and Spire

260 paintball loaders are especially adapted for a use that infringes the 600 Patent and that

there is no substantial non-infringing use for said paintball loaders.

VIRTUES SPIRE III PAINTBALL LOADER

173. Virtues paintball loader marketed under the name Spire III infringes one or

more claims of the 600 Patent.

174. For example, Claim 1 of the 600 Patent recites a paintball loader for loading

paintballs and for use on a paintball gun comprising: a container for holding a plurality of

paintballs having an interior; a paintball agitator rotatably mounted in the container, the paintball

agitator having a raised central portion with at least one surface sloping downwardly and

outwardly from the central portion, the paintball agitator configured to rotate about an axis; the

paintball agitator comprising at least two fins extending outwardly from the paintball agitator,

the fins spaced apart from each other forming a gap therebetween large enough to accommodate

44
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more than one paintball; at least two paintballs positioned in the gap between the fins; a motor

configured to rotate the paintball agitator; an exit tube in communication with the interior of the

container; a microprocessor for controlling operation of the motor; and a sensor in

communication with the microprocessor.

175. Virtues Spire III is a paintball loader for loading paintballs and is for use on a

paintball gun.

176. Virtues Spire III paintball loader comprises a container for holding a plurality

of paintballs having an interior, a paintball agitator rotatably mounted in the container, a motor

configured to rotate the paintball agitator, an exit tube in communication with the interior of the

container; a microprocessor for controlling operation of the motor; and a sensor in

communication with the microprocessor.

45
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177. The paintball agitator of Virtues Spire III has a raised central portion with at

least one surface sloping downwardly and outwardly from the central portion. The paintball

agitator of Virtues Spire III is configured to rotate about an axis. The paintball agitator of

Virtues Spire III comprises at least two fins extending outwardly from the paintball agitator.

The at least two fins are spaced apart from each other forming a gap therebetween large enough

to accommodate more than one paintball. The gap is large enough to accommodate at least two

paintballs.

46
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178. Virtues acts of infringement of the 600 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 600 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 600 Patent. Virtue has and

continues to infringe the 600 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Virtue should have known, that its actions constitute

infringement of the 600 Patent.

179. On information and belief, Virtue has and continues to take active steps to induce

infringement by others, including one or more of distributors, retailers, and customers, of one or

more claims of the 600 Patent in violation of 35 U.S.C. 271(b).

180. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire III paintball loader. For example,

Virtue advertises and encourages the use of its Spire III paintball loader:

http://www.virtuepb.com/site/virtue-spire-iii-paintball-loader-virtue-spire-3-paintball-hopper/.

47
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181. On information and belief, Virtue knows or should know that such activities

induce others to directly infringe one or more claims of the 600 Patent by selling, offering for

sale and/or using its Spire III paintball loader.

182. On information and belief, Virtue has and continues to contributorily infringe one

or more claims of the 600 Patent by making, using, offering to sell, importing, and/or selling its

Spire III paintball loader in the United States in violation of 35 U.S.C. 271(c). On

information and belief, Virtue knows or should know that its Spire III paintball loader is

especially adapted for a use that infringes the 600 Patent and that there is no substantial non-

infringing use for said paintball loader.

183. By its actions, Virtue has and continues to injure Plaintiff and is liable to Plaintiff

for infringement of the 600 Patent pursuant to 35 U.S.C. 271.

184. Plaintiff will be substantially and irreparably damaged and harmed if Virtues

infringement of the 600 Patent is not enjoined.

185. Plaintiff does not have an adequate remedy at law.

186. This case is exceptional, and Plaintiff is entitled to an award of its reasonable

attorneys fees under 35 U.S.C. 285.

COUNT VI
INFRINGEMENT OF U.S. PATENT NO. 9,212,864

187. Plaintiff repeats and re-alleges the allegations of Paragraphs 1-186 of this

Complaint as if set forth fully herein.

188. This is a claim for patent infringement under 35 U.S.C. 271.

189. A true and correct copy of the 864 Patent is attached as Exhibit F.

190. On information and belief, Virtue, through its agents, employees, and/or servants

has, and continues to, knowingly, intentionally, and willfully infringe the 864 Patent by making,

48
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 49 of 60 PageID #: 49

using, selling, offering for sale, and/or importing the Accused Paintball Loaders that directly

and/or indirectly infringe at least one claim of the 864 Patent.

VIRTUES SPIRE 200 AND SPIRE 260 PAINTBALL LOADERS

191. Virtues paintball loaders marketed under the names Spire 200 and Spire 260

infringe one or more claims of the 864 Patent.

192. For example, Claim 12 of the 864 Patent recites a paintball loader comprising: a

container configured to receive a plurality of paintballs, the container comprising an entry

opening leading to an exit tube; a feed mechanism comprising a feeder rotatable by a motor

positioned in the container, the feeder including at least two arms defining a gap large enough to

receive at least two paintballs between the arms; a first paintball and a second paintball

positioned in the gap, the first paintball and second paintball positioned adjacent to each other,

the second paintball positioned circumferentially closer to the exit tube than the first paintball; a

microprocessor in communication with a sensor configured to control operation of the motor;

wherein the feeder is adapted to be rotated by the motor to force the first paintball to push the

second paintball toward the entry opening prior to the second paintball reaching the entry

opening.

193. Virtues Spire 200 and Spire 260 are paintball loaders.

194. Virtues Spire 200 and Spire 260 paintball loaders each comprise a container

configured to receive a plurality of paintballs.

49
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 50 of 60 PageID #: 50

195. Each container comprises an entry opening leading to an exit tube, a feed

mechanism comprising a feeder rotatable by a motor positioned in the container, and a

microprocessor in communication with a sensor configured to control operation of the motor.

50
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 51 of 60 PageID #: 51

196. The feeder of Virtues Spire 200 and Spire 260 includes at least two arms

defining a gap large enough to receive at least two paintballs between the arms. A first paintball

and a second paintball may be positioned in the gap, adjacent to each other, the second paintball

positioned circumferentially closer to the exit tube than the first paintball. The feeder of Virtues

Spire 200 and Spire 260 is adapted to be rotated by the motor to force the first paintball to

push the second paintball toward the entry opening prior to the second paintball reaching the

entry opening.

197. Virtues acts of infringement of the 864 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 864 Patent. Accordingly, Virtues

51
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 52 of 60 PageID #: 52

actions constitute willful and intentional infringement of the 864 Patent. Virtue has and

continues to infringe the 864 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Virtue should have known, that its actions constitute

infringement of the 864 Patent.

198. On information and belief, Virtue has and continues to take active steps to induce

infringement by others, including one or more of distributors, retailers, and customers, of one or

more claims of the 864 Patent in violation of 35 U.S.C. 271(b).

199. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

including customers, to use and/or how to use its Spire 200 and Spire 260 paintball loaders.

For example, Virtue advertises and encourages the use of its Spire 200 and Spire 260

paintball loaders:

https://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-loader-paintball-hopper/

and

http://www.virtuepb.com/site/loaders-hopper-upgrades/virtue-spire-260-paintball-loader-virtue-

spire-260-hopper/.

200. On information and belief, Virtue knows or should know that such activities

induce others to directly infringe one or more claims of the 864 Patent by selling, offering for

sale and/or using its Spire 200 and Spire 260 paintball loaders.

201. On information and belief, Virtue has and continues to contributorily infringe one

or more claims of the 864 Patent by making, using, offering to sell, importing, and/or selling its

Spire 200 and Spire 260 paintball loaders in the United States in violation of 35 U.S.C.

271(c). On information and belief, Virtue knows or should know that its Spire 200 and Spire

52
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 53 of 60 PageID #: 53

260 paintball loaders are especially adapted for a use that infringes the 864 Patent and that

there is no substantial non-infringing use for said paintball loaders.

VIRTUES SPIRE III PAINTBALL LOADER

202. Virtues paintball loader marketed under the name Spire III infringes one or

more claims of the 864 Patent.

203. For example, Claim 12 of the 864 Patent recites a paintball loader comprising: a

container configured to receive a plurality of paintballs, the container comprising an entry

opening leading to an exit tube; a feed mechanism comprising a feeder rotatable by a motor

positioned in the container, the feeder including at least two arms defining a gap large enough to

receive at least two paintballs between the arms; a first paintball and a second paintball

positioned in the gap, the first paintball and second paintball positioned adjacent to each other,

the second paintball positioned circumferentially closer to the exit tube than the first paintball; a

microprocessor in communication with a sensor configured to control operation of the motor;

wherein the feeder is adapted to be rotated by the motor to force the first paintball to push the

second paintball toward the entry opening prior to the second paintball reaching the entry

opening.

204. Virtues Spire III is a paintball loader.

205. Virtues Spire III paintball loader comprises a container configured to receive a

plurality of paintballs.

53
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 54 of 60 PageID #: 54

206. Each container comprises an entry opening leading to an exit tube, a feed

mechanism comprising a feeder rotatable by a motor positioned in the container, and a

microprocessor in communication with a sensor configured to control operation of the motor.

207. The feeder of Virtues Spire III includes at least two arms defining a gap large

enough to receive at least two paintballs between the arms. A first paintball and a second

paintball may be positioned in the gap, adjacent to each other, the second paintball positioned

54
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 55 of 60 PageID #: 55

circumferentially closer to the exit tube than the first paintball. The feeder of Virtues Spire III

is adapted to be rotated by the motor to force the first paintball to push the second paintball

toward the entry opening prior to the second paintball reaching the entry opening.

208. Virtues acts of infringement of the 864 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the 864 Patent. Accordingly, Virtues

actions constitute willful and intentional infringement of the 864 Patent. Virtue has and

continues to infringe the 864 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Defendant should have known, that its actions constitute

infringement of the 864 Patent.

209. On information and belief, Virtue has and continues to take active steps to induce

infringement by others, including one or more of distributors, retailers, and customers, of one or

more claims of the 864 Patent in violation of 35 U.S.C. 271(b).

210. Such active steps by Virtue include, but are not limited to encouraging,

advertising (including by its interactive internet website), promoting, and instructing others,

55
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 56 of 60 PageID #: 56

including customers, to use and/or how to use its Spire III paintball loader. For example,

Virtue advertises and encourages the use of its Spire III paintball loader:

http://www.virtuepb.com/site/virtue-spire-iii-paintball-loader-virtue-spire-3-paintball-hopper/.

211. On information and belief, Virtue knows or should know that such activities

induce others to directly infringe one or more claims of the 864 Patent by selling, offering for

sale and/or using its Spire III paintball loader.

212. On information and belief, Virtue has and continues to contributorily infringe one

or more claims of the 864 Patent by making, using, offering to sell, importing, and/or selling its

Spire III paintball loader in the United States in violation of 35 U.S.C. 271(c). On

information and belief, Virtue knows or should know that its Spire III paintball loader is

especially adapted for a use that infringes the 864 Patent and that there is no substantial non-

infringing use for said paintball loader.

213. By its actions, Virtue has and continues to injure Plaintiff and is liable to Plaintiff

for infringement of the 864 Patent pursuant to 35 U.S.C. 271.

214. Plaintiff will be substantially and irreparably damaged and harmed if Virtues

infringement of the 864 Patent is not enjoined.

215. Plaintiff does not have an adequate remedy at law.

216. This case is exceptional, and Plaintiff is entitled to an award of its reasonable

attorneys fees under 35 U.S.C. 285.

COUNT VII
INFRINGEMENT OF U.S. DESIGN PATENT NO. D703,388

217. Plaintiff repeats and re-alleges the allegations of Paragraphs 1-216 of this

Complaint as if set forth fully herein.

218. This is a claim for patent infringement under 35 U.S.C. 271.

56
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 57 of 60 PageID #: 57

219. On information and belief, Virtue, through its agents, employees, and/or servants

has, and continues to, knowingly, intentionally, and willfully infringe the D388 Patent by

making, using, selling, offering for sale, and/or importing a protective mask having a design that

would appear to an ordinary observer to be substantially similar to the claim of the D388 Patent,

for example, Virtues VIO Contour protective mask as shown below.

Figure 1 of the 388 Patent Virtues VIO Contour

220. On information and belief, Virtue, through its agents, employees, and/or servants

has, and continues to, knowingly, intentionally, and willfully infringe the D388 Patent by

making, using, selling, offering for sale, and/or importing a protective mask having a design that

would appear to an ordinary observer to be substantially similar to the claim of the D388 Patent,

for example, Virtues VIO Extend protective mask as shown below.

57
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 58 of 60 PageID #: 58

Figure 1 of the 388 Patent Virtues VIO Extend

221. Virtues acts of infringement of the D388 Patent were undertaken without

permission or license from Plaintiff. Plaintiff is informed and believes, and therefore alleges,

that Virtue had actual knowledge of Plaintiffs rights in the design claimed in the D388 Patent.

Accordingly, Virtues actions constitute willful and intentional infringement of the D388 Patent.

Virtue infringed the D388 Patent with reckless disregard of Plaintiffs patent rights. Virtue

knew, or it was so obvious that Virtue should have known, that its actions constitute

infringement of the D388 Patent.

222. By its actions, Virtue has injured Plaintiff and is liable to Plaintiff for

infringement of the D388 Patent pursuant to 35 U.S.C. 271.

223. Plaintiff will be substantially and irreparably damaged and harmed if Virtues

infringement of the D388 Patent is not enjoined.

224. Plaintiff does not have an adequate remedy at law.

58
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 59 of 60 PageID #: 59

225. This case is exceptional, and Plaintiff is entitled to an award of its reasonable

attorneys fees under 35 U.S.C. 285.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this honorable Court grant the

following relief:

A. Enter judgment that the Asserted Patents have been infringed by Virtue;

B. Enter judgment that Virtues infringement of the Asserted Patents has been
willful;

C. Award damages adequate to compensate Plaintiff for the patent infringement that
has occurred, together with pre-judgment interest and costs;

D. Perform an accounting for acts of infringement presented at trial and/or up to the


judgment and an award by the Court of additional damage for any such acts of
infringement;

E. Enter a permanent injunction against Virtue from further infringement of the


unexpired Asserted Patents; or alternatively, award an ongoing royalty for
Virtues post-verdict infringement, payable on each product offered by Virtue that
is found to infringe one or more claims of the Asserted Patents, and on all future
products that are not colorably different from those found to infringe;

F. Award all other damages permitted by 35 U.S.C. 284 and 35 U.S.C. 289,
including increased damages up to three times the amount of compensatory
damages found;

G. Declare that this is an exceptional case and award Plaintiff its costs and
reasonable attorneys fees incurred in this action as provided by 35 U.S.C. 285;
and

H. Such other relief, including other monetary and equitable relief, the Court deems
just and proper.

59
Case 1:17-cv-01583-UNA Document 1 Filed 11/03/17 Page 60 of 60 PageID #: 60

JURY DEMAND

Pursuant to Federal Rule of Civil Procedure 38, Plaintiff demands trial by jury on all

claims and issues so triable.

Respectfully submitted,
POTTER ANDERSON & CORROON LLP

OF COUNSEL:
By: /s/ David E. Moore
Randolph J. Huis David E. Moore (#3983)
Max S. Morgan Bindu A. Palapura (#5370)
VOLPE AND KOENIG, P.C. Stephanie E. OByrne (#4446)
30 South 17th Street, Suite 1800 Hercules Plaza, 6th Floor
Philadelphia, PA 19103 1313 N. Market Street
Tel: (215)-568-6400 Wilmington, DE 19801
Tel: (302) 984-6000
Dated: November 3, 2017 dmoore@potteranderson.com
5536980 / 44491 bpalapura@potteranderson.com
sobyrne@potteranderson.com

Attorneys for Plaintiff G.I. Sportz Direct LLC

60
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 1 of 141 PageID #: 61

EXHIBIT A
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 2 of 141 PageID #: 62

United States Patent [19]


l l l Ilil l lIl l l l l l l l l l l l l l l l l l l l 5,791,325
[11] Patent Number:
1301057 13 5 lllllllll
Anderson [45] Date of Patent: Aug. 11, 1998

[54] PAINT BALL GUN AGITATOR, SENSOR 5,505,188 4/1996 Williams . . . . . . . . . .. 124/74
TRIGGER AND DURATION CONTROL 5.688.048 11/1997 Duckworth ............................ .. 366/343
Primary Examiner-John A. Ricci
[76] Inventor: Joel A. Anderson. 315 2nd Ave. S.. . .
Sauk Rapids. Benton County Minn Attorney, Agent, or F/rmA1bert W. Watkins
56379 [57] ABSTRACT
, A paint ball gun includes an agitator mounted on the end of
[21] APp1' NO" 846574 a rotary motor shaft. The agitator has a main shaft that
[22] Filed: Apr. 30, 1997 extends transverse to the motor shaft. and two arch wires
6 _ extending from the main shaft. Each arch wire begins at an
[51] Int. Cl. .............................. .. F41B 11/02, BOlF 7/24 end of the agitator Shaft and extends v?mcauy therefrom
[52] U.S. Cl. .................... ... ..... .. 124/56. 124/49; 124/73: The arch wires thm Wrap downward in a partial hclix' The
_ 221/15; 221/200; 366/3256; 366/325'94 end of die arch wires opposite the vertical ends attach to the
[58] Field of Search ................................ .. 124/45. 49. 50. agitator shaft in a horizontal plane more centrally along the
124/56- 70-76; 221/11 15. 200; 366/3259 agitator shaft. Rotation of the motor shaft is controlled by an
32594- 330-1- 342~ 343 electronic circuit having a duration control which delays
_ turning off the motor for a predetermined interval. The
[56] References Clted motor will remain activated continuously during a rapid
U_S_ PATENT DOCUMENTS ?ring sequence. In addition. amagnetic sensor is disclosed
to trigger the electronic circuit into energ1z1ng the motor.
636,737 11/1899 Bagley ........................... .. 366/3256 X The combination of sensor trigger~ duration control and
8421509 1/1907 W9m? - - - - - ~ - - - - ~ - - - -- 366/343 agitator design provide a greatly enhanced paint ball gun
1'095'749 5/1914 Tomhnso 366525-94 capable of operating without jamming or undesired noise
1,226.278 5/1917 Teves .......... .. 366/3256 X d . . . . . .
. ur1ng non-?nng periods. In add1t1ont the pa1nt ball gun may
4,472,063 9/1984 Eickelmann .. .... .. 366/343 X b bl f . d1 ?ri . ban th . 1
5,282,454 2/1994 B511 et a1. ...... .. 124/49 ecapa, 6 mp 3, g more Pam S_ "1 Prcvmusy
5,333,025 3/1994 Giovagnoli .... .. 221/200 known 1" the art-W1! feduccd battery dram
5,4l1,330 5/1995 Amtyunov et a1. .. 366/343 X
5,473,703 12/1995 Smith ................................ .. 221/200 X 19 Claims, 5 Drawing Sheets

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Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 3 of 141 PageID #: 63

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Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 4 of 141 PageID #: 64

US. Patent Aug. 11, 1998 Sheet 2 of 5 5,791,325

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Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 5 of 141 PageID #: 65

US. Patent Aug. 11, 1998 Sheet 3 of 5 5,791,325

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Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 6 of 141 PageID #: 66

US. Patent Aug. 11, 1998 Sheet 4 of 5 5,791,325

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Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 7 of 141 PageID #: 67

US. Patent Aug. 11, 1998 Sheet 5 of 5 5,791,325

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Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 8 of 141 PageID #: 68

5.79 VI .325
l 2
PAINT BALL GUN AGITATOR, SENSOR design severely limits the number of balls contained Within
TRIGGER AND DURATION CONTROL a single magazine. When a rapid ?re sequence is initiated.
the gun may not jam. but it is highly probably that the
BACKGROUND OF THE INVENTION magazine will empty. still rendering the gun temporarily
1. Field of the Invention disabled.
This invention pertains generally to paint ball guns used US. Pat. No. 5.282.454 to Bell et al discloses a large
for recreational and training purposes. For the purposes of magazine with sloping ends and side walls that lead down
ward to a tubular passageway referred to as a feed tube.
this disclosure. paint ball guns are speci?cally de?ned as
Gravitational forces tend to urge the paint balls to the feed
apparatus that propel gelatin capsules ?lled with paint from tube. as known in the prior art. The magazine is large.
a barrel in rapid succession and at relatively high speeds. 10
capable of holding many paint balls at a time. The feed tube
The paint ball capsules are designed to break upon impact is connected to the ?ring chamber of the gun. so that as the
with an object or person. thereby rendering an identi?able paint balls are carried through the tube. they are fed into the
mark without injuring the person or object. The present ?ring chamber. Occasionally. a pair of paint balls will
invention more speci?cally pertains to an electronically simultaneously drop into the opening of the feed tube so that
controlled magazine that stores and feeds paint balls into a neither can pass. leading to a jam.
?ring chamber at enormous rates. To prevent jamming of this type. the Bell et al patent
2. Description of the Related Art proposes an agitator paddle to stir the paint balls. The
Paint ball guns can ?re in rapid succession a relatively agitator paddle may slightly overlap the feed tube opening.
large number of paint balls in a short period of time. A In addition to directly clearing any jams at the feed tube
20
magazine stores the paint balls until the balls are delivered opening. the agitator paddle also keeps other paint balls
to the gun ?ring chamber. The guns use compressed gas as within the magazine moving and available for feeding
the propellant. and are usually triggered by a user squeezing through the tube. If the gun is tilted slightly. the agitator
a conventionally shaped gun trigger. When the gun user paddle will tend to stir the balls and encourage them to move
repeatedly squeezes the trigger. the gun should continue to around. with the increased likelihood that they will continue
25
?re paint balls as rapidly as possible. Guns may be manually to pass into the feed tube.
loaded before each shot. but most are either semi-automatic. Since the agitator paddle is driven by a small DC motor.
where each time the trigger is pulled a paint ball is ?red. or batteries are required. Unfortunately. the battery drain is
fully automatic. where the balls are ?red as quickly as the signi?cant. To preserve the battery during periods of non
gun is capable of for as long as the trigger is pulled use. as well as ensure that a user may stay quiet. absent the
Quite unlike conventional explosive-propelled munitions. sounds of the motor and agitator. Bell et al disclose an
paint balls are relatively round and have an exterior formed optical sensor within the feed tube which detects paint balls
from a semi-rigid gelatinous compound. The gelatinous within the tube. When no ball is present. an electronic circuit
compound is known to be affected somewhat by such triggers the motor to spin the agitator. As soon as a paint ball
variables as temperature and relative humidity. and is of 35 blocks the optical path. the motor is again stopped.
course somewhat frangible. During a ?ring sequence. paint While the Bell et al design enhances the rate at which
balls on occasion lodge against each other or other objects paint balls may pass into the feed tube and has enhanced the
and block the passageway to the ?ring chamber. resulting in sport. improved guns and occasional mishaps have revealed
a jam. While jamming is not new. knowledge from explosive limitations therein. First of all. the simple paddle shown in
munitions magazines is of little use with the very different the Bell et al patent. while helpful. still does not ensure
paint balls. su?icient feed rates for some of the newer model guns. To
Basic paint ball magazines are little more than large overcome this feed rate limitation. newer designs include
hoppers with a feed tube extending therefrom. a sort of higher power motors propelled by twice as many batteries.
closed funnel through which paint balls are dropped into the The standard model agitator is propelled by a single nine
?ring chamber. Unfortunately. the passageway must ulti 45 volt battery. while the enhanced version is propelled by two
mately taper to isolate single paint balls therein. Usually this nine volt batteries. In addition. the paddle has been rede
is not a gradual taper. but a sudden transition. to reduce the signed to have four ?at surfaces extending longitudinally
likelihood of two balls getting stuck against each other. parallel with the motor shaft and radially therefrom. equi
Unfortunately. when one paint ball does lodge against the distantly spaced at 90 degree intervals. While this model
other. the user must shake the gun to free the balls. 50 improves the feed rate signi?cantly. the added weight and
One method of preventing paint ball jams is proposed by cost of the additional battery is certainly undesirable.
Miller in US. Pat. No. 5.097.816. Therein. a large helical Furthermore. the added size of the battery compartment
magazine is provided through which the paint balls pass in makes the gun an easier target for an opponent to hit.
a single row. eventually leading to the ?ring chamber. A second limitation of the Bell et al design comes from
Unfortunately. the Miller design does not use space 55 the occasional. albeit infrequent. breakage of a paint ball.
e?iciently. requiring a large helical path with the center When a paint ball breaks. the optical sensor of the Bell et al
portion thereof unused. The extra dimension is undesirable. design is rendered inoperative. and the sensor must be
Furthermore. because of the reduced slope of the surfaces carefully cleaned.
heading into the ?ring chamber. actual feed rates may be A third limitation of the Bell et a1 design is the sensor
reduced and paint balls may not be provided at speeds reacting not to demand from the gun to trigger the agitator.
sufficient to meet the needs of the more rapidly ?ring guns. but instead to presence of balls within the feed tube.
Cleaning of the Miller construction. which is necessary over Consequently. when a rapid ?re sequence is initiated. the
time to ensure smooth feeding of the paint balls. is di?icult agitator is slow to start rotating. Furthermore. each time a
also due to the inaccessibility of the central loops of the ball passes through the feed tube. the optical sensor is
helix. 65 interrupted. and the agitator stopped momentarily.
Farrell in U.S. Pat. No. 5.511.333 also illustrates a maga in US. Pat. No. 5.505.188 discloses a further
zine designed not to jam. Unfortunately. the straight tube alternative. A coiled tube within the magazine chamber is
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 9 of 141 PageID #: 69

5.791.325
3 4
pressurized during the ?ring process to force balls into the DESCRIPTION OF THE PREFERRED
feed tube. During rapid ?re sequences. the magazine is EMBODIMENT
certainly agitated by motion of the coiled tube. However. the Paint ball gun 100 is shown by side view in a ready"
coiled tube does not positively clear the feed tube opening position in FIG. 1 and in a cocked position in FIG. 2. Gun
and so can. in some instances. actually create a jam at the 100 includes a barrel 10S. pressure valve and hand grip 110.
feed tube inlet. pressure tank coupler 115 and hose 120. One hand of a user
SUMMARY OF THE INVENTION may support gun 100 at pressure valve cover 110. while the
other hand will grip handle grip 125. One ?nger. usually the
In a ?rst aspect of the invention. a paint ball gun has a pointer. will wrap around trigger 130. and may be used to
barrel through which a ?rst paint ball may pass. a ?ring 1O
squeeze trigger 130 to activate the ?ring process. When
chamber adjacent the barrel within which the paint ball may trigger 130 is squeezed. movable bolt stop 140. slidable bolt
be located prior to ?ring. a means for ?ring the paint ball that 145 and slidable valve 150 may all be moved away from gun
is also capable of ?ring a second paint ball within a reset housing 135 into position as shown in FIG. 2. The exact
time interval. a magazine with an agitator and a feed tube sequence and operation of the pressure valve. bolt stop 140.
attached. a sensor responsive to a ?ring demand that outputs slidable bolt 145 and slidable valve 150 are unimportant to
a ?ring demand signal indicating said ?ring demand. and an the present invention. well known in the ?eld. and achiev
electronic circuit for powering a motor coupled to the able through several known alternatives.
agitator. Upon receiving a ?ring demand signal the elec Magazine 200 attaches to paint ball inlet 155 through feed
tronic circuit provides power to the motor. and continues to tube 215. Surrounding feed tube 215 is an optical sensor pair
power the motor after the ?ring demand signal has ceased 20
230 and 235. which detect by light wave whether a paint ball
for a delay time interval that is equal or greater than the is present within feed tube 215. Connected to sensor pair
?ring reset time interval. 230. 235 is a battery. motor and electronics compartment
In a second aspect of the invention. an agitator for 220 having a power switch 225 for energizing the optical
agitating paint balls within a paint ball gun magazine sensors and electronics.
chamber has an agitator shaft and an arch extending from 25
In operation. a user may dispense paint balls into maga
said agitator shaft in a vertical direction away from said zine 200 through cover 205. into magazine chamber 210. A
agitator shaft and then helically downward toward said source for pressurized gas will be connected to pressure tank
agitator shaft. The agitator may also have a similar second coupler 115. and pressurized gas will be conducted through
arch. Each arch connects to an opposite end of the agitator hose 120 into a pressure valve within the gun. Depending
shaft and extends vertically therefrom. At the opposite end 30
upon the particular sensor and circuitry used. the user may
of each arch they connect to the agitator shaft at a point next activate the battery. motor and electronics compartment
between the ends of the agitator shaft and extend horizon by switching on switch 225. The gun is then in a ready"
tally therefrom. The arches may be made from wire. and state. whereby squeezing trigger 130 will start the ?ring
may be su?iciently large to allow a paint ball to pass process.
35
between the wires and the agitator shaft. FIG. 2 illustrates gun 100 more speci?cally in the
In a third aspect of the invention. a controller for a paint cocked state. with movable bolt stop 140 separated
ball magazine agitator has a demand sensor that indicates a slightly from gun housing 135. This is the position of the gun
demand for paint balls. a means for activating the agitator just prior to ?ring. In FIG. 2. an alternative embodiment
responsive to the sensor. and means for prolonging the sensor is illustrated which uses a magnet 232 and a magnetic
activating of the agitator for an extended time interval after ?eld sensor 237. When the gun is in the ready state of FIG.
the demand sensor has ceased indication of demand 1. sensors 232. 237 will indicate that there is no demand for
OBJECTS OF THE INVENTION paint balls. Once the gun moves to the cocked state of FIG.
2. sensors 232. 237 will indicate a demand for paint balls.
A ?rst object of the present invention is to enable a rapid 45 The output from sensor 237 will be conducted to electronics
?re paint ball gun to ?re paint balls on demand at all times. within compartment 220 and described hereinbelow. which
A second object is to accomplish rapid ?ring with a mini will ultimately trigger a motor to turn.
mum of accessories. Another object of the present invention While the magnet 232 and sensor 237 are illustrated
is to provide a retro-?t capability to existing guns. to allow mounted externally on the gun. one skilled in the art will
upgrade of existing equipment. These and other objects of observe that the slidable bolt 145 may. for example. be
the invention are accomplished by the preferred embodiment modi?ed to include a magnet therein. closer to barrel 105.
described hereinbelow and illustrated in the attached draw Sensor 237 may then be inserted into housing 135. and not
ing ?gures. be visible at all from an exterior view. Housing 135 is most
BRIEF DESCRIPTION OF THE DRAWINGS typically fabricated from aluminum. so no distortion of the
55 magnetic ?eld will occur. Caution should be taken. however.
FIG. 1 illustrates a paint ball gun in a ready position. to ensure that sensor 237 is not placed so closely to com
including features of the present invention. partment 220 as to be a?ected by any stray magnetic ?elds
FIG. 2 illustrates the paint ball gun of FIG. 1 in a cocked" which may emanate from the motor therein. Since magnet
position. and showing an alternative embodiment sensor. 232 requires no electrical connection. magnet 232 may be
FIG. 3 illustrates a partial cut-away view of the paint ball placed at any convenient point within the gun where move
magazine of the present invention. ment may be su?icient to trigger sensor 237. In addition.
FIG. 4 illustrates a top projected view of the paint ball magnet 232 may not have to move. Instead. a magnetically
magazine of the present invention. with the cover raised to permeable material may be moved and thereby distort the
reveal the agitator features of the preferred embodiment. magnetic ?eld su?iciently to be detected by sensor 237.
FIG. 5 illustrates a ?rst electrical schematic of a timer 65 While the bolt 145 and stop 140 have been speci?cally
delay circuit. FIG. 6 illustrates a second embodiment described as suitable locations for magnet 232. the invention
thereof. and FIG. 7 illustrates a third embodiment. is not so limited and other locations such as within trigger
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5.791.325
5 6
130 have also been conceived of. As noted above. the only trol circuit located within compartment 220. While the
requirement is that sensor 237 be able to detect a change in electronics may be located in other suitable places. this
the magnetic ?eld emanating from magnet 232 and not compartment serves as an ideal central location for the
provide false output due to stray ?elds or signals. electrical devices.
Magnetic ?eld sensor pair 232. 237 is more immune to 5 In the prior art. sensors 230. 235 were used to directly
dirt. paint or other contamination than optical pair 230. 235. trigger a relay and activate the motor. This resulted in rapid
Even in the unfortunate event that a paint ball 240 should starting and stopping of the motor during periods of rapid
break within magazine chamber 210 or feed tube 215. the ?ring. As a result of the starting and stopping. and since
user will more quickly be able to restore the gun to func motors draw more current and are less e?icient during
tional condition. As an added advantage. if a magnetically starting. the circuit tended to drain the battery more than is
actuated reed switch is used for sensor 237. an alternative desired for the resultant feed rate.
circuit such as FIG. 7 described hereinbelow may be used
which does not require any stand~by power. The user may The present inventor has determined that during a rapid
then immediately operate the gun without troubling with ?re sequence. the motor will desirably run continuously. Yet.
switches. and. when ?nished. store the gun without fear of the motor should not be allowed to run for extended periods
15 when not the gun is not ?ring. since this represents a
draining the battery during non-use.
substantial battery drain and also prevents a user from hiding
FIG. 3 illustrates the magazine of the present invention by
in silence. absent the sound of the motor and moving paint
partial cut-away view. Within magazine chamber 210 are a
balls. In the present invention. a motor control circuit 400 is
number of paint balls 240. Also within chamber 210 is paint
ball agitator shaft 300. which is caused to rotate by motor provided such as shown in FIG. 5.
shaft 305. Onto agitator shaft 300 are mounted two wires A single battery 410 provides power for both the motor
325 and 350. Wire 325 connects to the top surface of shaft 470 and the electronics. Battery 410 is switched completely
300 at connection 330. which can be a weld. braze. solder. oilc by switch 225. disabling both motor 470 and the elec
glue or any other similar attachment. or wire 325 may even tronics. When switch 225 is closed. by a user getting ready
be a continuation of shaft 300 which has been appropriately to use gun 100. switch 420 will stay open until a demand for
bent or formed In the preferred embodiment. wire 325 paint balls 240 is detected. Switch 420 is the schematic
extends at ?rst vertically from shaft 300. and then begins an representation of the switching function found in either
are back down towards shaft 300 and ?nally is reconnected optical receiver 235 or magnetic sensor 237. depending
thereto along a side thereof at horizontal connection 335. upon the embodiment chosen. Until a demand is sensed
Similarly. wire 350 extends vertically from connection 355 which will close switch 420. there is no power drawn from
and then wraps around to side connection 360. battery 410. Once switch 420 closes. current ?ows through
Feed tube 215 forms a sharp transition with magazine in-rush resistor 430. thereby charging capacitor 440. Iu-rush
chamber 210 at transition 245. In the preferred embodiment. resistor 430 is strictly provided to limit current ?ow into
agitator shaft 300 overlaps with transition 245 slightly. such capacitor 440 and thereby protect switch 420 from damage
that if two balls 240 should drop into feed tube 215 simul 35
due to excessive current ?ow. Therefore. in-rush resistor 430
taneously and get lodged against each other at transition 245. will be a low value resistor. commonly around 10 ohms.
agitator shaft 300 will serve to clear one of the balls. Feed Nearly instantaneously. the voltage across capacitor 440 will
tube 215 has a gentle taper 250 therein. which. although not rise to ?lal voltage. which in the preferred embodiment is
absolutely necessary. helps to maintain exact spacing nine volts. In this instant. as the voltage rises. su?icient
between magazine 200 and paint ball inlet 155 and helps to current will pass through variable resistor 450 and the coil
support magazine 200. winding of reed relay 460 to trigger the switch portion of
reed relay 460. This in turn closes the electrical circuit from
FIG. 4 shows a top view of agitator shaft 300. wherein the
battery 410 to motor 470. causing motor shaft 305 to begin
arrangement of wires 325 and 350 are evident. Extending
vertically from vertical connection 355 is a short segment rotating.
365. Since connection 360 is a side attachment to shaft 300. When the demand is no longer sensed by switch 420.
wire 350 forms a partial helix as it wraps down to shaft 300. thereby opening switch 420. motor 470 is not immediately
From the perspective shown in FIG. 4. motor shaft 305 stopped. Capacitor 440 is a relatively high value capacitor.
rotates in a clockwise direction. While not wishing to be typically in the range of 4701.000 micro-Farads. The
limited by theory. it is believed that this con?guration energy stored by capacitor 440 is relatively slowly dissi
provides optimum geometry since rotation of wire 350 tends 50 pated through variable resistor 450 and the coil of reed relay
to help drive paint balls 240 toward feed tube 215. Wire 325 460. As current ?ows through variable resistor 450. the
is similarly con?gured. though there is no requirement that voltage across capacitor 440 drops. until some minimum
this exact geometry be used for both. Furthermore. the threshold current is reached. This minimum threshold cur
invention is not limited to a wire. and may include a variety rent is dependent upon the characteristics of reed relay 460.
of other constructions or arrangements which will serve to 55 which are usually published as part of the speci?cation for
accomplish the same function and which are too numerous the relay. Until the current through reed relay 460 reaches
to speci?cally mention. Among these may be solid. mesh or this minimum threshold. motor 470 will stay energized In
?exible paddles. However. this particular geometry is pre this way. a small delay is built into the shut-o? of motor 470.
ferred for cost. ease of manufacture. simplicity. and ability By varying the resistance of resistor 450. some control
to pass through the balls even when magazine chamber 210 60 over the amount of time motor 470 runs after a demand has
is fully loaded. In the preferred embodiment. the entire ceased is available. In the preferred embodiment. motor 470
agitator has been coated with a polymer protectant. which will run long enough that. if a rapid ?re sequence is
serves to prevent the agitator from corroding. softens impact occurring. power will never be interrupted to motor 470.
with paint balls 240. and may provide better surface char thereby allowing motor 470 to run continuously without
acteristics therebetween. 65 having to repeatedly restart. This time interval can be
Agitator shaft 300 is interconnected to sensors 230. 235 or calculated as the time it takes gun 100 to reset and be ready
the alternative sensors 232. 237 through an electronic con to ?re the next paint ball. Ifthe shut-off delay time is at least
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 11 of 141 PageID #: 71

5.791.325
7 8
as long as it takes gun 100 to reset. then the motor will not held in a vertical position. and then 150 paint balls were
be turned off during a rapid ?re sequence. In the preferred added to the magazine. The paint balls were from a variety
embodiment. the shut-off delay time may be several times of manufacturers. to reduce any variation that might be a
the gun reset time to ensure that. even in extreme cases. the result of a particular manufacturers composition. The same
gun remains supplied with paint balls. 150 paint balls were used to test each of the three magazines.
Since strength of an electromagnet such as the coil Within The test was a timed test to determine how long each
reed relay 460 is determined by current ?ow through the magazine took to unload all of the 150 balls.
windings. variable resistor 450 may be replaced by variable Each of the three magazines were tested eight times. and
resistor 480 and ?xed resistor 490 shown in FIG. 6. which the slowest and fastest times were disregarded to remove
are in parallel to reed relay 460. Fixed resistor 490 is any timing variations. The average number of paint balls
provided to limit current ?ow to some maximum amount. to discharged per second Was calculated. and the variance
prevent damage from excessive current ?owing through between the fastest and slowest was also calculated. since
variable resistor 480 in the event variable resistor 480 is set this represents the ability of the particular agitator to main
to zero resistance. A further alternative is shown in FIG. 7. tain consistent delivery rates.
where resistors 450. 480 and 490 are eliminated altogether.
In this case. capacitor 440 must be selected with reed relay TABLE 1
460 to provide the desired duration after switch 420 opens.
Bell et a] 9 V Bell et a1 18 V Present invention
FIG. 7 also illustrates by schematic other changes to the
circuit which might be appropriate with a magnetic reed Balls/second 7.76 8.59 11.46
switch sensor 237. In this embodiment. there will be no drain 20 Spread [seconds) 2.32 2.03 0.71
upon the battery until reed switch sensor 237 is triggered.
Therefore. on-otf switch 225 is no longer necessary. and may As is apparent from table 1. the agitator and delay circuit
be replaced by delay circuit bypass switch 227 of the single of the present invention provides more than one and one-half
pole double throw variety. Switch 227 allows battery 410 to times as many balls per second as the standard agitator of the
be connected directly to the motor. bypassing the delay 25
prior art. with a much tighter spread. meaning more consis
circuit. A user may elect to set switch 227 this way in the tency of feed in addition to the higher feed rates.
event of a problem or failure within the electronic circuitry. While the foregoing details what is felt to be the preferred
or simply to save power when rapid ?re sequencing is not embodiment of the invention. no material limitations to the
required scope of the claimed invention are intended. Further. fea
As is apparent from the schematics. any device which tures and design alternatives that would be obvious to one of
accomplishes the switching function of switch 420 can ordinary skill in the art are considered to be incorporated
successfully serve as that circuit component. In the preferred herein. For example. the preferred embodiment is illustrated
embodiment. optical switch pair 230. 235 and magnetic with a single type of gun 100. Those familiar in the art will
switch pair 232. 237 are illustrated and discussed. However. recognize the many variations of paint ball guns available on
35
mechanical switches. capacitive switches and other such the market. and will immediately recognize to which the
known devices would all serve the purpose. Even trigger present invention may be applied Other types of delay
switches of various types could be satisfactory in the present circuits may be utilized. and other types of agitators may
invention. The selection of the particular device to serve the ?nd application of the delay circuit bene?cial. In fact. the
function of switch 420 will be dependent upon the particular delay does not need to be electrical at all. and could
gun 100 and the goals of the user. comprise other devices which serve the same function as the
Battery 410 may be any type of battery suited to the electrical storage capacitor and circuit. The scope of the
function. though in the preferred embodiment a nine volt invention is set forth and particularly described in the claims
alkaline battery is used. Other batteries including nickel hereinbelow.
metal hydride. nickel cadmium. carbon cells. silver oxide I claim:
45
and lithium batteries are all contemplated. Even lead-acid 1. A paint ball gun comprising:
batteries could be considered. but for the weight of the a barrel through which a ?rst paint ball may pass;
batteries and the safety factor lead-acid would not be a a ?ring chamber adjacent said barrel within which said
battery of choice. ?rst paint ball may be located prior to ?ring through
The above described combination of magazine 200. agi said barrel;
tator shaft 300 with wires 325 and 350. and electronic circuit a firing means for ?ring said ?rst paint ball. said ?ring
400 provide an optimum feed of paint balls to a paint ball means capable of ?ring a second paint ball within a
gun. Battery drain is kept to a and a user may reset time interval;
stand silently in wait for a competitor. Jams are eifectively a magazine with a magazine chamber and an agitator
eliminated. In fact. during rotation of motor shaft 305. paint 55 therein. said agitator agitating said magazine chamber.
balls 240 are kept continuously in motion within magazine said magazine chamber having a feed tube attached
chamber 210. thereto and leading to said ?ring chamber;
To verify the improvement from the agitator design. the a sensor responsive to a ?ring demand that outputs a ?ring
two Bell et al prior art designs were compared to the present demand signal indicating said ?ring demand;
invention. As aforementioned. the ?rst Bell et al design uses an electronic circuit for powering a motor coupled to said
a stick type agitator with a single nine volt battery. The agitator when said sensor outputs said ?ring demand
second design uses two nine volt batteries for added power. signal and continuing to power said motor after said
and an agitator with four equidistant radially extending ?ring demand signal has ceased for a motor power
paddles. Three magazines were each equipped with one of shut-off delay time interval that is equal or greater than
the aforementioned agitators and appropriate battery 65 said reset time interval.
combination. and each was supplied with fresh alkaline 2. The paint ball gun of claim 1 wherein said electronic
batteries. Each magazine was positioned with feed tube 215 circuit further comprises a capacitor in parallel with a relay
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 12 of 141 PageID #: 72

5.79 I .325
10
switch activator means for activating a relay switch. both therefrom. and a second opposite end of said second arch
said capacitor and said relay switch activator means ener connects to said agitator shaft at a point between said ?rst
gized by an electronic circuit power source when said sensor end of said agitator shaft and said second end of said agitator
outputs said ?ring demand signal. shaft and extends horizontally therefrom.
3. The paint ball gun of claim 2 wherein said relay switch 5 12. The agitator of claim 11 wherein said ?rst arch
controls energy from a motor energy source to said motor. comprises a wire. said ?rst arch suf?ciently large to allow a
4. The paint ball gun of claim 2 wherein said relay switch paint ball to pass between said ?rst arch wire and said
activator means and said relay switch are comprised by a agitator shaft.
reed relay. 13. The agitator of claim 9 wherein a ?rst end of said ?rst
5. The paint ball gun of claim 1 further comprising a 10 arch connects to a ?rst end of said agitator shaft and extends
magnet mechanically coupled to said ?ring means. said vertically therefrom. and a second opposite end of said ?rst
sensor sensing a change in a magnetic ?eld emanating from arch connects to said agitator shaft at a point between said
said magnet responsive to said ?ring of said ?rst paintball. ?rst end of said agitator shaft and a second end of said
6. The paint ball gun of claim 1 wherein said agitator
agitator shaft and extends horizontally therefrom.
further comprises: 15
14. A controller for a paint ball magazine agitator com
an agitator shaft; prising:
21 ?rst arch extending from said agitator shaft in a vertical
a demand sensor having an indicator indicating a demand
direction away from said agitator shaft and then down
ward toward said agitator shaft. for paint balls;
7. The paint ball gun of claim 6 wherein said agitator means for activating said paint ball magazine agitator
further comprises a second arch extending from said agitator responsive to said indicator;
shaft in a vertical direction away from said agitator shaft and means for prolonging activation of said agitator for an
then downward toward said agitator shaft. extended time interval after said indicator has ceased
8. The paint ball gun of claim 6 wherein a ?rst end of said said indicating.
25 15. The controller of claim 14 further comprising a
?rst arch connects to a ?rst end of said agitator shaft and
extends vertically therefrom. and a second opposite end of magnet coupled to a paintball gun ?ring bolt which moves
said ?rst arch connects to said agitator shaft at a point to various positions during a ?ring sequence. said magnet
between said ?rst end of said agitator shaft and a second end producing a magnetic ?eld dependent upon said various
of said agitator shaft and extends horizontally therefrom. positions. wherein said demand sensor comprises a magnetic
30
9. An agitator for agitating paint balls within a paint ball ?eld sensor which senses changes in said magnetic ?eld.
gun magazine chamber. comprising: 16. The controller of claim 15 wherein said magnet is
an agitator shaft; moved during said ?ring sequence.
:1 ?rst arch extending from said agitator shaft in a vertical
17. The controller of claim 14 wherein said prolonging
means further comprises:
direction away from said agitator shaft and then heli- 35
cally downward toward said agitator shaft. a means for providing available energy;
10. The agitator of claim 9 further comprising a second a means for receiving and storing said available energy
arch extending from said agitator shaft in a vertical direction from said energy means when said activating means
away from said agitator shaft and then helically downward activates said agitator. said receiving and storing means
toward said agitator shaft. continuing to activate said agitator after said activating
11. The agitator of claim 10 wherein a ?rst end of said ?rst means has activated said agitator and then ceased said
arch connects to a ?rst end of said agitator shaft and extends activation.
vertically therefrom. and a second opposite end of said ?rst 18. The controller of claim 14 wherein said activating
arch connects to said agitator shaft at a point between said means is comprised by a switch.
?rst end of said agitator shaft and a second end of said 45 19. The controller of claim 18 wherein said prolonging
agitator shaft and extends horizontally therefrom. and means is comprised by a capacitor.
wherein a ?rst end of said second arch connects to said
second end of said agitator shaft and extends vertically *****
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EXHIBIT B
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US005947100A
Ulllted States Patent [19] [11] Patent Number: 5,947,100
Anderson [45] Date of Patent: Sep. 7, 1999

[54] PAINT BALL GUN AGITATOR SOUND 5,791,325 8/1998 Anderson ................................ .. 124/56
TRIGGER AND DURATION CONTROL Primary ExaminerJ. Woodrow Eldred
[76] Inventor: Joel A. Anderson, 2311 Frontage Rd. Attorney Agent Or FlrmA1bert W Watkms
N., Waite Park, Steams, Minn. 56387 [57] ABSTRACT
[21] APPL NO; 09/131,816 Apaint ball gun includes an agitator mounted on the end of
a rotary motor shaft. The agitator has a main shaft that
[22] Filed: Aug- 10, 1998 extends transverse to the motor shaft, and tWo arch Wires
extending from the main shaft. Each arch Wire begins at an
Related U-S- Application Data end of the agitator shaft and extends vertically therefrom.
The arch Wires then Wrap doWnWard in a partial helix. The
[63] continuation'in'part of application NO' O8/846a574aAPr' 30 end of the arch Wires opposite the vertical ends attach to the
1997, Pat. NO. 5,791,325. . . .
agitator shaft in a horizontal plane more centrally along the
[51] Int. Cl.6 .................................................... .. F41B 11/02 agitator shaft. Rotation of the motor shaft is controlled by an
[52] US. Cl. ............................... .. 124/45; 124/49; 124/72; electronic Circuit having a duration Control Which delays
124/74 turning off the motor for a predetermined interval. The
[58] Field of Search ................................ .. 124/45, 49, 50, rnotor Win rornain aotivatod oontinnonriy during a rapid
124/72, 74 ?ring sequence. In addition, a magnetic sensor is disclosed
to trigger the electronic circuit into energizing the motor.
[56] References Cited The combination of sensor trigger, duration control and
agitator design provide a greatly enhanced paint ball gun
U'S' PATENT DOCUMENTS capable of operating Without jamming or undesired noise
3,695,246 10/1972 Filippi et al. ........................... .. 124/11 during non-?ring periods- In addition, the Paint ball gun may
4,004,495 1/1977 Belf? _________ __ 89/42 B be capable of rapidly ?ring more paint balls than previously
5,052,138 10/1991 Crain . . . . . . . . .. 42/1.02 knoWn in the art, With reduced battery drain. A sound or
5,097,816 3/1992 Miller - - - - - - - - - - - -- 124/49 pressure Wave activated sensor such as a pressure or shock

5,282,454 2/1994 Bell et a1~ - -~ 124/49 sensor or microphone is also disclosed Which provides all
5a285a765 2/1994 Le? ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " 124/50 components necessary for activating the magazine agitator
5327878 7/1994 wlttbrot 124/41'1 Within or immediately adjacent to the agitator motor, thereby
5,402,678 4/1995 FntZ et al. 73/167 . . . . . . .
5 505 188 4/1996 Williams . . . . . . . . . . .. 124/74 .slmphfymg from capablhty and dlsassembly Whlle also
5,511,333 4/1996 Farrell .... .. 42/4901 lmprovmg 515mm to Palm blockage
5,553,s57 9/1996 Fish ..... .. 473/209
5,605,461 2/1997 Seeton ..................................... .. 434/21 16 Claims, 7 Drawing Sheets

325
210
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U.S. Patent Sep.7, 1999 Sheet 1 of7 5,947,100

F1IGURE
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U.S. Patent Sep.7, 1999 Sheet 2 of7 5,947,100

mmEDQE
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U.S. Patent Sep.7, 1999 Sheet 3 of7 5,947,100

(L31 N

@@@@@@D
I

@i/RJ'gE-"w" '
@WI 0
3FIGURE
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U.S. Patent Sep.7, 1999 Sheet 4 of7 5,947,100

200\ F_\
205

210

215

FIGURE 4
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U.S. Patent Sep.7, 1999 Sheet 5 of7 5,947,100

400
420 430 450 F

225 57225
410/? /[ a
_ V410

T 440/ \460 470

FIGURE 5
402
420 430 (480 /_
225 _
(k 2/225
_-_/410

410/?T /I
440 / 490/
i \ I \46O 470
FIGURE 6

410\ 430\ f- 404


\

FIGURE 7
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U.S. Patent Sep.7, 1999 Sheet 7 0f 7 5,947,100

5mg
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5,947,100
1 2
PAINT BALL GUN AGITATOR SOUND suf?cient to meet the needs of the more rapidly ?ring guns.
TRIGGER AND DURATION CONTROL Cleaning of the Miller construction, Which is necessary over
time to ensure smooth feeding of the paint balls, is difficult
CROSS REFERENCE TO RELATED also due to the inaccessibility of the central loops of the
APPLICATIONS helix.
Farrell in US. Pat. No. 5,511,333 also illustrates a maga
This application is a continuation-in-part (CIP) of US. Zine designed not to jam. Unfortunately, the straight tube
application Ser. No. 08/846,574 ?led Apr. 30, 1997, allowed design severely limits the number of balls contained Within
to issue as US. Pat. No. 5,791,325 on Aug. 11, 1998. a single magaZine. When a rapid ?re sequence is initiated,
10
the gun may not jam, but it is highly probably that the
BACKGROUND OF THE INVENTION magaZine Will empty, still rendering the gun temporarily
1. Field of the Invention disabled.
US. Pat. No. 5,282,454 to Bell et al discloses a large
This invention pertains generally to paint ball guns used magaZine With sloping ends and side Walls that lead doWn
for recreational and training purposes. For the purposes of Ward to a tubular passageWay referred to as a feed tube.
this disclosure, paint ball guns are speci?cally de?ned as 15
Gravitational forces tend to urge the paint balls to the feed
apparatus that propel gelatin capsules ?lled With paint from tube, as knoWn in the prior art. The magaZine is large,
a barrel in rapid succession and at relatively high speeds. capable of holding many paint balls at a time. The feed tube
The paint ball capsules are designed to break upon impact is connected to the ?ring chamber of the gun, so that as the
With an object or person, thereby rendering an identi?able paint balls are carried through the tube, they are fed into the
mark Without injuring the person or object. The present 20
?ring chamber. Occasionally, a pair of paint balls Will
invention more speci?cally pertains to an electronically simultaneously drop into the opening of the feed tube so that
controlled magaZine that stores and feeds paint balls into a neither can pass, leading to a jam.
?ring chamber at enormous rates.
To prevent jamming of this type, the Bell et al patent
2. Description of the Related Art proposes an agitator paddle to stir the paint balls. The
25
Paint ball guns can ?re in rapid succession a relatively agitator paddle may slightly overlap the feed tube opening.
large number of paint balls in a short period of time. A In addition to directly clearing any jams at the feed tube
magaZine stores the paint balls until the balls are delivered opening, the agitator paddle also keeps other paint balls
to the gun ?ring chamber. The guns use compressed gas as Within the magaZine moving and available for feeding
the propellant, and are usually triggered by a user squeezing 30
through the tube. If the gun is tilted slightly, the agitator
a conventionally shaped gun trigger. When the gun user paddle Will tend to stir the balls and encourage them to move
repeatedly squeeZes the trigger, the gun should continue to around, With the increased likelihood that they Will continue
?re paint balls as rapidly as possible. Guns may be manually to pass into the feed tube.
loaded before each shot, but most are either semi-automatic, Since the agitator paddle is driven by a small DC motor,
Where each time the trigger is pulled a paint ball is ?red, or 35 batteries are required. Unfortunately, the battery drain is
fully automatic, Where the balls are ?red as quickly as the signi?cant. To preserve the battery during periods of non
gun is capable of for as long as the trigger is pulled. use, as Well as ensure that a user may stay quiet, absent the
Quite unlike conventional explosive-propelled munitions, sounds of the motor and agitator, Bell et al disclose an
paint balls are relatively round and have an exterior formed optical sensor Within the feed tube Which detects paint balls
from a semi-rigid gelatinous compound. The gelatinous 40 Within the tube. When no ball is present, an electronic circuit
compound is knoWn to be affected someWhat by such triggers the motor to spin the agitator. As soon as a paint ball
variables as temperature and relative humidity, and is of blocks the optical path, the motor is again stopped.
course someWhat frangible. During a ?ring sequence, paint While the Bell et al design enhances the rate at Which
balls on occasion lodge against each other or other objects paint balls may pass into the feed tube and has enhanced the
and block the passageWay to the ?ring chamber, resulting in 45 sport, improved guns and occasional mishaps have revealed
a jam. While jamming is not neW, knoWledge from explosive limitations therein. First of all, the simple paddle shoWn in
munitions magaZines is of little use With the very different the Bell et al patent, While helpful, still does not ensure
paint balls. suf?cient feed rates for some of the neWer model guns. To
Basic paint ball magaZines are little more than large overcome this feed rate limitation, neWer designs include
hoppers With a feed tube extending therefrom, a sort of higher poWer motors propelled by tWice as many batteries.
closed funnel through Which paint balls are dropped into the The standard model agitator is propelled by a single nine
?ring chamber. Unfortunately, the passageWay must ulti volt battery, While the enhanced version is propelled by tWo
mately taper to isolate single paint balls therein. Usually this nine volt batteries. In addition, the paddle has been rede
is not a gradual taper, but a sudden transition, to reduce the signed to have four ?at surfaces extending longitudinally
likelihood of tWo balls getting stuck against each other. 55 parallel With the motor shaft and radially therefrom, equi
Unfortunately, When one paint ball does lodge against the distantly spaced at 90 degree intervals. While this model
other, the user must shake the gun to free the balls. improves the feed rate signi?cantly, the added Weight and
One method of preventing paint ball jams is proposed by cost of the additional battery is certainly undesirable.
Miller in US. Pat. No. 5,097,816. Therein, a large helical Furthermore, the added siZe of the battery compartment
magaZine is provided through Which the paint balls pass in 60 makes the gun an easier target for an opponent to hit.
a single roW, eventually leading to the ?ring chamber. A second limitation of the Bell et al design comes from
Unfortunately, the Miller design does not use space the occasional, albeit infrequent, breakage of a paint ball.
ef?ciently, requiring a large helical path With the center When a paint ball breaks, the optical sensor of the Bell et al
portion thereof unused. The extra dimension is undesirable. design is rendered inoperative, and the sensor must be
Furthermore, because of the reduced slope of the surfaces 65 carefully cleaned.
heading into the ?ring chamber, actual feed rates may be A third limitation of the Bell et al design is the sensor
reduced and paint balls may not be provided at speeds reacting not to demand from the gun to trigger the agitator,
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 23 of 141 PageID #: 83

5,947,100
3 4
but instead to presence of balls Within the feed tube. FIG. 8 illustrates by block diagram an electrical circuit for
Consequently, When a rapid ?re sequence is initiated, the an alternative sound triggered agitator, and FIG. 9 illustrates
agitator is sloW to start rotating. Furthermore, each time a by block diagram an alternative sound triggering circuit.
ball passes through the feed tube, the optical sensor is FIG. 10 shoWs the Waveforms of various outputs from
interrupted, and the agitator stopped momentarily. FIGS. 9 and 10.
Williams, in US. Pat. No. 5,505,188 discloses a further
alternative. A coiled tube Within the magaZine chamber is DESCRIPTION OF THE PREFERRED
pressuriZed during the ?ring process to force balls into the EMBODIMENT
feed tube. During rapid ?re sequences, the magaZine is Paint ball gun 100 is shoWn by side vieW in a ready
certainly agitated by motion of the coiled tube. HoWever, the 10
position in FIG. 1 and in a cocked position in FIG. 2. Gun
coiled tube does not positively clear the feed tube opening 100 includes a barrel 105, pressure valve and hand grip 110,
and so can, in some instances, actually create a jam at the pressure tank coupler 115 and hose 120. One hand of a user
feed tube inlet. may support gun 100 at pressure valve cover 110, While the
SUMMARY OF THE INVENTION other hand Will grip handle grip 125. One ?nger, usually the
15
In a ?rst aspect of the invention, a controller for a paint pointer, Will Wrap around trigger 130, and may be used to
ball gun magaZine agitator motor includes a ?ring sensor squeeZe trigger 130 to activate the ?ring process. When
Which uses sound, pressure variations or shock Waves to trigger 130 is squeeZed, movable bolt stop 140, slidable bolt
145 and slidable valve 150 may all be moved aWay from gun
sense a gun ?ring event and, in response thereto, generates
an electrical ?ring indicator signal; means for prolonging the housing 135 into position as shoWn in FIG. 2. The exact
20
?ring indicator signal; and means for activating the paint sequence and operation of the pressure valve, bolt stop 140,
ball magaZine agitator motor responsive thereto. slidable bolt 145 and slidable valve 150 are unimportant to
In a second aspect of the invention, a sound activated
the present invention, Well knoWn in the ?eld, and achiev
able through several knoWn alternatives.
relay for poWering a paint ball magaZine agitator comprises
a microphone for receiving pressure Waves and converting 25 MagaZine 200 attaches to paint ball inlet 155 through feed
them to microphonic electrical Waves; an envelope threshold tube 215. Surrounding feed tube 215 is an optical sensor pair
detector Which detects When the envelope of microphonic 230 and 235, Which detect by light Wave Whether a paint ball
electrical Waves exceeds a threshold voltage and provides a is present Within feed tube 215. Connected to sensor pair
threshold output voltage representative thereof; a timer 230, 235 is a battery, motor and electronics compartment
Which extends the pulse duration of the threshold output 30 220 having a poWer sWitch 225 for energiZing the optical
voltage; and a relay Which responds to the extended duration sensors and electronics.
pulse and provides electrical energy to an agitator motor, the In operation, a user may dispense paint balls into maga
motor consequently providing motive poWer to said agitator. Zine 200 through cover 205, into magaZine chamber 210. A
In a third aspect of the invention, a method of re?lling a source for pressuriZed gas Will be connected to pressure tank
paint ball gun magaZine feeder tube comprises the steps of 35 coupler 115, and pressuriZed gas Will be conducted through
detecting pressure Waves in a medium; initiating an electri hose 120 into a pressure valve Within the gun. Depending
cal pulse responsive to the pressure Waves, of duration upon the particular sensor and circuitry used, the user may
greater than the duration of the pressure Waves; activating a next activate the battery, motor and electronics compartment
paint ball agitator responsive to the electrical pulse and by sWitching on sWitch 225. The gun is then in a ready
thereby moving paint balls into said feeder tube. 40 state, Whereby squeeZing trigger 130 Will start the ?ring
process.
OBJECTS OF THE INVENTION
FIG. 2 illustrates gun 100 more speci?cally in the
A ?rst object of the present invention is to enable a rapid cocked state, With movable bolt stop 140 separated
?re paint ball gun to ?re paint balls on demand at all times. slightly from gun housing 135. This is the position of the gun
A second object is to accomplish rapid ?ring With a mini 45 just prior to ?ring. In FIG. 2, an alternative embodiment
mum of accessories. Another object of the present invention sensor is illustrated Which uses a magnet 232 and a magnetic
is to provide a retro-?t capability to existing guns, to alloW ?eld sensor 237. When the gun is in the ready state of FIG.
upgrade of existing equipment. A further object of the 1, sensors 232, 237 Will indicate that there is no demand for
present invention is to ensure continued rapid ?ring even paint balls. Once the gun moves to the cocked state of FIG.
When a paint ball inadvertently spills paint Within the feed 2, sensors 232, 237 Will indicate a demand for paint balls.
tube. These and other objects of the invention are accom The output from sensor 237 Will be conducted to electronics
plished by the preferred embodiment described hereinbeloW Within compartment 220 and described hereinbeloW, Which
and illustrated in the attached draWing ?gures. Will ultimately trigger a motor to turn. While the magnet 232
BRIEF DESCRIPTION OF THE DRAWINGS and sensor 237 are illustrated mounted externally on the gun,
55 one skilled in the art Will observe that the slidable bolt 145
FIG. 1 illustrates a paint ball gun in a ready position, may, for example, be modi?ed to include a magnet therein,
including features of the present invention. closer to barrel 105. Sensor 237 may then be inserted into
FIG. 2 illustrates the paint ball gun of FIG. 1 in a cocked housing 135, and not be visible at all from an exterior vieW.
position, and shoWing an alternative embodiment sensor. Housing 135 is most typically fabricated from aluminum, so
FIG. 3 illustrates a partial cut-aWay vieW of the paint ball 60 no distortion of the magnetic ?eld Will occur. Caution should
magaZine of the present invention. be taken, hoWever, to ensure that sensor 237 is not placed so
FIG. 4 illustrates a top projected vieW of the paint ball closely to compartment 220 as to be affected by any stray
magaZine of the present invention, With the cover raised to magnetic ?elds Which may emanate from the motor therein.
reveal the agitator features of the preferred embodiment. Since magnet 232 requires no electrical connection, magnet
FIG. 5 illustrates a ?rst electrical schematic of a timer 65 232 may be placed at any convenient point Within the gun
delay circuit, FIG. 6 illustrates a second embodiment Where movement may be suf?cient to trigger sensor 237. In
thereof, and FIG. 7 illustrates a third embodiment. addition, magnet 232 may not have to move. Instead, a
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5,947,100
5 6
magnetically permeable material may be moved and thereby is fully loaded. In the preferred embodiment, the entire
distort the magnetic ?eld suf?ciently to be detected by agitator has been coated With a polymer protectant, Which
sensor 237. serves to prevent the agitator from corroding, softens impact
While the bolt 145 and stop 140 have been speci?cally With paint balls 240, and may provide better surface char
described as suitable locations for magnet 232, the invention acteristics therebetWeen. Agitator shaft 300 is intercon
is not so limited and other locations such as Within trigger nected to sensors 230, 235 or the alternative sensors 232,
130 have also been conceived of. As noted above, the only 237 through an electronic control circuit located Within
requirement is that sensor 237 be able to detect a change in compartment 220. While the electronics may be located in
the magnetic ?eld emanating from magnet 232 and not other suitable places, this compartment serves as an ideal
provide false output due to stray ?elds or signals. 10 central location for the electrical devices.
Magnetic ?eld sensor pair 232, 237 is more immune to In the prior art, sensors 230, 235 Were used to directly
dirt, paint or other contamination than optical pair 230, 235. trigger a relay and activate the motor. This resulted in rapid
Even in the unfortunate event that a paint ball 240 should starting and stopping of the motor during periods of rapid
break Within magaZine chamber 210 or feed tube 215, the ?ring. As a result of the starting and stopping, and since
15 motors draW more current and are less ef?cient during
user Will more quickly be able to restore the gun to func
tional condition. As an added advantage, if a magnetically starting, the circuit tended to drain the battery more than is
actuated reed sWitch is used for sensor 237, an alternative desired for the resultant feed rate.
circuit such as FIG. 7 described hereinbeloW may be used The present inventor has determined that during a rapid
Which does not require any stand-by poWer. The user may ?re sequence, the motor Will desirably run continuously. Yet,
then immediately operate the gun Without troubling With the motor should not be alloWed to run for extended periods
sWitches, and, When ?nished, store the gun Without fear of When not the gun is not ?ring, since this represents a
draining the battery during non-use. substantial battery drain and also prevents a user from hiding
FIG. 3 illustrates the magaZine of the present invention by in silence, absent the sound of the motor and moving paint
partial cut-aWay vieW. Within magaZine chamber 210 are a balls. In the present invention, a motor control circuit 400 is
number of paint balls 240. Also Within chamber 210 is paint provided such as shoWn in FIG. 5.
ball agitator shaft 300, Which is caused to rotate by motor A single battery 410 provides poWer for both the motor
shaft 305. Onto agitator shaft 300 are mounted tWo Wires 470 and the electronics. Battery 410 is sWitched completely
325 and 350. Wire 325 connects to the top surface of shaft off by sWitch 225, disabling both motor 470 and the elec
300 at connection 330, Which can be a Weld, braZe, solder, tronics. When sWitch 225 is closed, by a user getting ready
glue or any other similar attachment, or Wire 325 may even to use gun 100, sWitch 420 Will stay open until a demand for
be a continuation of shaft 300 Which has been appropriately paint balls 240 is detected. SWitch 420 is the schematic
bent or formed. In the preferred embodiment, Wire 325 representation of the sWitching function found in either
extends at ?rst vertically from shaft 300, and then begins an optical receiver 235 or magnetic sensor 237, depending
arc back doWn toWards shaft 300 and ?nally is reconnected 35
upon the embodiment chosen. Until a demand is sensed
thereto along a side thereof at horiZontal connection 335. Which Will close sWitch 420, there is no poWer draWn from
Similarly, Wire 350 extends vertically from connection 355 battery 410. Once sWitch 420 closes, current ?oWs through
and then Wraps around to side connection 360. in-rush resistor 430, thereby charging capacitor 440. In-rush
Feed tube 215 forms a sharp transition With magaZine resistor 430 is strictly provided to limit current ?oW into
chamber 210 at transition 245. In the preferred embodiment, capacitor 440 and thereby protect sWitch 420 from damage
agitator shaft 300 overlaps With transition 245 slightly, such due to excessive current ?oW. Therefore, in-rush resistor 430
that if tWo balls 240 should drop into feed tube 215 simul Will be a loW value resistor, commonly around 10 ohms.
taneously and get lodged against each other at transition 245, Nearly instantaneously, the voltage across capacitor 440 Will
agitator shaft 300 Will serve to clear one of the balls. Feed rise to full voltage, Which in the preferred embodiment is
tube 215 has a gentle taper 250 therein, Which, although not 45
nine volts. In this instant, as the voltage rises, suf?cient
absolutely necessary, helps to maintain exact spacing current Will pass through variable resistor 450 and the coil
betWeen magaZine 200 and paint ball inlet 155 and helps to Winding of reed relay 460 to trigger the sWitch portion of
support magaZine 200. reed relay 460. This in turn closes the electrical circuit from
FIG. 4 shoWs a top vieW of agitator shaft 300, Wherein the battery 410 to motor 470, causing motor shaft 305 to begin
arrangement of Wires 325 and 350 are evident. Extending rotating.
vertically from vertical connection 355 is a short segment When the demand is no longer sensed by sWitch 420,
365. Since connection 360 is a side attachment to shaft 300, thereby opening sWitch 420, motor 470 is not 0 immediately
Wire 350 forms a partial helix as it Wraps doWn to shaft 300. stopped. Capacitor 440 is a relatively high value capacitor,
From the perspective shoWn in FIG. 4, motor shaft 305 typically in the range of 4701,000 micro-Farads. The
rotates in a clockWise direction. While not Wishing to be 55 energy stored by capacitor 440 is relatively sloWly dissi
limited by theory, it is believed that this con?guration pated through variable resistor 450 and the coil of reed relay
provides optimum geometry since rotation of Wire 350 tends 460. As current ?oWs through variable resistor 450, the
to help drive paint balls 240 toWard feed tube 215. Wire 325 voltage across capacitor 440 drops, until some minimum
is similarly con?gured, though there is no requirement that threshold current is reached. This minimum threshold cur
this exact geometry be used for both. Furthermore, the rent is dependent upon the characteristics of reed relay 460,
invention is not limited to a Wire, and may include a variety Which are usually published as part of the speci?cation for
of other constructions or arrangements Which Will serve to the relay. Until the current through reed relay 460 reaches
accomplish the same function and Which are too numerous this minimum threshold, motor 470 Will stay energiZed. In
to speci?cally mention. Among these may be solid, mesh or this Way, a small delay is built into the shut-off of motor 470.
?exible paddles. HoWever, this particular geometry is pre 65 By varying the resistance of resistor 450, some control
ferred for cost, ease of manufacture, simplicity, and ability over the amount of time motor 470 runs after a demand has
to pass through the balls even When magaZine chamber 210 ceased is available. In the preferred embodiment, motor 470
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 25 of 141 PageID #: 85

5,947,100
7 8
Will run long enough that, if a rapid ?re sequence is second design uses tWo nine volt batteries for added poWer,
occurring, poWer Will never be interrupted to motor 470, and an agitator With four equidistant radially extending
thereby allowing motor 470 to run continuously Without paddles. Three magaZines Were each equipped With one of
having to repeatedly restart. This time interval can be the aforementioned agitators and appropriate battery
calculated as the time it takes gun 100 to reset and be ready combination, and each Was supplied With fresh alkaline
to ?re the next paint ball. If the shut-off delay time is at least batteries. Each magaZine Was positioned With feed tube 215
as long as it takes gun 100 to reset, then the motor Will not held in a vertical position, and then 150 paint balls Were
be turned off during a rapid ?re sequence. In the preferred added to the magaZine. The paint balls Were from a variety
embodiment, the shut-off delay time may be several times of manufacturers, to reduce any variation that might be a
the gun reset time to ensure that, even in extreme cases, the 10 result of a particular manufacturers composition. The same
gun remains supplied With paint balls. 150 paint balls Were used to test each of the three magaZines.
Since strength of an electromagnet such as the coil Within The test Was a timed test to determine hoW long each
reed relay 460 is determined by current ?oW through the magaZine took to unload all of the 150 balls. Each of the
Windings, variable resistor 450 may be replaced by variable three magaZines Were tested eight times, and the sloWest and
resistor 480 and ?xed resistor 490 shoWn in FIG. 6, Which 15 fastest times Were disregarded to remove any timing varia
are in parallel to reed relay 460. Fixed resistor 490 is tions. The average number of paint balls discharged per
provided to limit current How to some maximum amount, to second Was calculated, and the variance betWeen the fastest
prevent damage from excessive current ?oWing through and sloWest Was also calculated, since this represents the
variable resistor 480 in the event variable resistor 480 is set ability of the particular agitator to maintain consistent deliv
to Zero resistance. A further alternative is shoWn in FIG. 7, ery rates.
Where resistors 450, 480 and 490 are eliminated altogether.
In this case, capacitor 440 must be selected With reed relay TABLE 1
460 to provide the desired duration after sWitch 420 opens. Bell et al Bell et al Present
FIG. 7 also illustrates by schematic other changes to the 9V 18V invention
25
circuit Which might be appropriate With a magnetic reed Balls/second 7.76 8.59 11.46
sWitch sensor 237. In this embodiment, there Will be no drain Spread (seconds) 2.32 2.03 0.71
upon the battery until reed sWitch sensor 237 is triggered.
Therefore, on-off sWitch 225 is no longer necessary, and may
be replaced by delay circuit bypass sWitch 227 of the single As is apparent from table 1, the agitator and delay circuit of
pole double throW variety. SWitch 227 alloWs battery 410 to the present invention provides more than one and one-half
be connected directly to the motor, bypassing the delay times as many balls per second as the standard agitator of the
circuit. A user may elect to set sWitch 227 this Way in the prior art, With a much tighter spread, meaning more consis
event of a problem or failure Within the electronic circuitry, tency of feed in addition to the higher feed rates.
or simply to save poWer When rapid ?re sequencing is not As noted hereinabove, other types of sensors may be used
required. 35 to detect the demand for paint balls. As noted, the optical
sensors of the prior art suffer When a paint ball spills paint
As is apparent from the schematics, any device Which into feed tube 215. In addition, these sensors suffer from
accomplishes the sWitching function of sWitch 420 can situations Where feed tube 215 may be emptied. For
successfully serve as that circuit component. In the preferred example, When a participant lays doWn or maneuvers in such
embodiment, optical sWitch pair 230, 235 and magnetic a Way as to tilt gun 100, feed tube 215 may empty. Such an
sWitch pair 232, 237 are illustrated and discussed. HoWever, event Would cause the prior art optical sensor to activate,
mechanical sWitches, capacitive sWitches and other such preventing the participant from proceeding in silence While
knoWn devices Would all serve the purpose. Even trigger
also inhibiting the participants ability to listen for other
sWitches of various types could be satisfactory in the present
participants. In addition, When gun 100 is not in use, the
invention. The selection of the particular device to serve the
45 agitator may activate if not sWitched off. As previously
function of sWitch 420 Will be dependent upon the particular noted, the combination of a magnetically actuated reed
gun 100 and the goals of the user. sWitch for sensor 237 in combination With alternative circuit
Battery 410 may be any type of battery suited to the FIG. 7 does not require any stand-by poWer. The user may
function, though in the preferred embodiment a nine volt then immediately operate the gun Without troubling With
alkaline battery is used. Other batteries including nickel sWitches, and, When ?nished, store the gun Without fear of
metal hydride, nickel cadmium, carbon cells, silver oxide draining the battery during non-use.
and lithium batteries are all contemplated. Even lead-acid While magnetic sensors such as sensor 237 offer advan
batteries could be considered, but for the Weight of the tage in being insensitive to spilled paint, these magnetic
batteries and the safety factor lead-acid Would not be a sensors must be located on the gun 100 someWhere in the
battery of choice. 55 vicinity of a moving part such as trigger 130 or slidable bolt
The above described combination of magaZine 200, agi 145. As a result, the magaZine may not be actuated Without
tator shaft 300 With Wires 325 and 350, and electronic circuit some type of electrical interconnection betWeen magaZine
400 provide an optimum feed of paint balls to a paint ball 200 and paint ball gun 100. Unfortunately, this type of
gun. Battery drain is kept to a minimum, and a user may electrical interconnection complicates retro?tting of existing
stand silently in Wait for a competitor. Jams are effectively guns, since Wiring harnesses must be provided externally
eliminated. In fact, during rotation of motor shaft 305, paint betWeen the gun and the magaZine, and removable electrical
balls 240 are kept continuously in motion Within magaZine connectors must be provided to alloW the user to fully
chamber 210. remove magaZine 200 from gun 100.
To verify the improvement from the agitator design, the In an alternative embodiment, magaZine 100 is triggered
tWo Bell et al prior art designs Were compared to the present 65 by sound. Sound activation offers several advantages over
invention. As aforementioned, the ?rst Bell et al design uses optical detection and magnetic detection, Without the asso
a stick type agitator With a single nine volt battery. The ciated disadvantages. For example, sound activation has the
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5,947,100
9 10
added advantage of a magnetically actuated reed switch not essential to the proper functioning of circuit 500, some
Which does not require any stand-by power. Neither circuit frequency discrimination may be desired, particularly for
is activated until gun 100 is actually ?red. Therefore, the higher level competitions or premium guns and magaZines.
user may immediately operate the gun Without troubling Filter 515 may be provided prior to ampli?er 510, after
With sWitches, and, When ?nished, store gun 100 Without ampli?er 510 as illustrated, or integral thereWith, particu
fear of draining battery 410 during non-use. In addition, larly Where operational ampli?ers are used and gain may be
during maneuvers requiring gun 100 to be tilted and feed readily combined With frequency selectivity.
tube 215 emptied, motor 470 Will not be triggered. An additional optional feature is illustrated in FIG. 9, by
Each time paint ball gun 100 ?res, a distinct set of providing counter 525. Counter 525 provides feedback to
frequencies of relatively large magnitude are generated by 10 timer 520 Which is used therein to effect a change in timing
gun 100. A relatively loW cost microphone 234 may be duration. More speci?cally, every n times a pulse indicative
provided instead of either optical pair 230, 235 or magnetic of ?ring occurs, counter 525 adjusts the timing control of
pair 232, 237, as shoWn by block diagram in FIG. 8. While timer 520 to change duration of pulses on Waveform 522.
234 is identi?ed herein as a microphone, it Will be recog For example, as shoWn in FIG. 10, pulse 523 may be tWice
niZed by those familiar With the sound detection art that 15 the duration of pulse 521. In the preferred embodiment, n
device 234 may encompass any type of device Which is might be equal to four, so that every fourth shot, timer 520
capable of converting sound Waves into detectable electrical provides a one second pulse instead of the normal one-half
changes. Moreover, other Wave detector types of devices second pulse. The increased duration may be achieved
such as pressure sensors or shock sensors could also be used, through the use of a transistor or other sWitch connecting or
and the Waves do not have to be transmitted solely through removing an additional timing component into/from the
the air, but instead may be transmitted through the gun circuit, as is knoWn in the art, or may alternatively be the
materials. Nevertheless, a microphone is preferred herein result of a voltage control signal applied to a voltage
since microphone 234 may be located directly on magaZine controlled oscillator. These and a myriad of other frequency
200, for example adjacent to or Within battery, motor and control techniques are Well knoWn in the art of timing
electronics compartment 220, thereby eliminating any need 25 duration control, and that knoWledge is recogniZed as incor
for Wires external of compartment 220. porated herein. This change in duration ensures that every
The output 236 from microphone 234 Will generally be nth shot, the magaZine is thoroughly stirred to help ensure
too Weak or of inappropriate character to directly use in balls remain available. The value of n is preferably equal to
other processing circuitry, so ampli?er 510 may be provided. the number of balls that are retained Within feed tube 215,
Ampli?er 510 may perform a variety of additional functions to ensure that feed tube 215 never empties, While still
incident to ampli?cation, such as that of envelope detectors, minimiZing the duration of the majority of stir cycles to help
comparators, limiting, buffering, and/or triggering of the conserve battery poWer.
nature of a Schmitt trigger. For example, if ampli?er 510 is While the foregoing details What is felt to be the preferred
a high gain ampli?er such as an op-amp type designated as embodiment of the invention, no material limitations to the
a 741 style, or conceivably several of these in series, once a 35 scope of the claimed invention are intended. Further, fea
minimum peak threshold V, is reached as shoWn in FIG. 10, tures and design alternatives that Would be obvious to one of
ampli?er 510 may drive output 512 to full supply voltage. ordinary skill in the art are considered to be incorporated
When the envelope of microphone output 236 falls beloW herein. For example, the preferred embodiment is illustrated
threshold Vt, ampli?ed output 512 may be at a ground With a single type of gun 100. Those familiar in the art Will
potential or negative supply, depending upon the type of recogniZe the many variations of paint ball guns available on
ampli?er circuitry selected. So While ampli?cation is the the market, and Will immediately recogniZe to Which the
primary function performed by ampli?er 510, a variety of present invention may be applied. Other types of delay
additional functions may be performed Which are incident circuits may be utiliZed, and other types of agitators may
thereto and bene?cial, as is knoWn in the ampli?cation art. ?nd application of the delay circuit bene?cial. In fact, the
An ampli?ed microphone signal 512 is conveyed from 45 delay does not need to be electrical at all, and could
ampli?er 510 to timer 520. Timer 520 then converts brief comprise other devices Which serve the same function as the
electrical impulses indicative of ?ring into longer duration electrical storage capacitor and circuit. In addition, there are
pulse, for example of one-half second duration. This longer a multitude of sound activated sWitches knoWn in that art,
duration signal represents a demand for paint balls, since one the teachings of Which Will ?nd various application in the
ball has been used during ?ring, and relay 460 is then sound activated agitator embodiments. The scope of the
activated to provide full battery poWer to motor 470. FIG. 10 invention is set forth and particularly described in the claims
illustrates the relationship betWeen signals 236, 512 and 522. hereinbeloW.
Timer 520 may be a simple RC ?lter, or may comprise a I claim:
more complicated circuit such as a 555 type timer or even a 1. A controller for a paint ball gun magaZine agitator
voltage controlled oscillator. The exact components used to 55 motor comprising:
ful?ll the timing function are not critical to the invention, so a ?ring sensor Which uses pressure variations transmitted
long as the timing diagrams illustrated in FIG. 10 hold true through a medium to sense a gun ?ring event and, in
to intent. response thereto, generate an electrical ?ring indicator
FIG. 9 illustrates an additional ?lter 515. This ?lter 515 signal;
may be a loW, high or band-pass ?lter, depending upon the means for prolonging said electrical ?ring indicator signal
particular gun ?ring frequencies. Most typically, this Will be to produce a signal indicating a demand for paint balls
a bandpass ?lter having a very narroW bandWidth, such that Which is of greater duration than said ?ring event;
one or a feW speci?c frequencies are selected Which are only means for activating said paint ball magaZine agitator
indicative of ?ring. The inclusion of ?lter 515 Will help to motor responsive to said paint ball demand signal.
prevent false triggering of motor 470 When other events 65 2. The controller of claim 1 further comprising an ampli
occur that produce sound, such as When gun 100 is acci ?er for amplifying said electrical ?ring indicator signal prior
dentally bumped against another object. While ?lter 515 is to said prolonging.
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5,947,100
11 12
3. The controller of claim 2 wherein said ampli?er per a timer responsive to said threshold output voltage for
forms a threshold detection function in addition to basic generating an eXtended duration pulse; and
ampli?cation. a relay Which responds to said eXtended duration pulse
4. The controller of claim 2 Wherein said ampli?er com and provides electrical energy to an agitator motor, said
prises an op-amp. motor consequently providing motive poWer to said
5. The controller of claim 1 further comprising a ?lter
means for receiving said electrical ?ring indicator signal and
agitator.
12. The relay of claim 11 further comprising a ?lter for
selectively ?ltering a frequency range therefrom, and for
providing said selectively ?ltered frequency range as a receiving electrical Waves and ?ltering therefrom electrical
?ltered electrical ?ring indicator signal output. 10
Waves characteristic of the ?ring of a paint ball gun.
6. The controller of claim 5 further comprising a means 13. The relay of claim 12 Wherein said ?lter performs said
for counting each electrical ?ring indicator signal and pro ?ltering prior to said envelope detection.
viding a count indicator signal after counting a predeter 14. A method of re?lling a paint ball gun magaZine feeder
mined number of electrical ?ring indicator signals, Wherein tube comprising the steps of:
said predetermined number is greater than one. 15 detecting pressure Waves in a medium;
7. The controller of claim 6 further comprising means for initiating an electrical pulse responsive to said pressure
adjusting said prolonging means to change a duration of said Waves of duration greater than a duration of said
paint ball demand signal, said adjusting means performing pressure Waves;
said adjusting responsive to said count indicator signal.
8. The controller of claim 1 Wherein said ?ring sensor activating a paint ball agitator responsive to said electrical
further comprises a microphone. pulse and thereby moving paint balls into said feeder
9. The controller of claim 8 Wherein said controller is tube,
mounted adjacent said agitator motor and said microphone Whereby said paint ball agitator is activated irrespective
is physically located Within a housing surrounding said of the presence or absence of paint Within said feeder
controller. 25 tube and Wherein said paint ball agitator activates
10. The controller of claim 8 Wherein said controller is responsive to ?ring.
mounted adjacent said agitator motor and said microphone 15. The method of claim 14 comprising the further step of
is physically located adjacent a housing surrounding said distinguishing Waves in said medium originating from a
controller. ?ring of said paint ball gun from other Waves in said
11. A sound activated relay for poWering a paint ball medium; and
magaZine agitator comprising: using said ?ring Waves to trigger said electrical pulse.
a microphone for receiving pressure Waves and convert 16. The controller of claim 6 Wherein said predetermined
ing them to microphonic electrical Waves; number of electrical ?ring indicator signals equals in count
an envelope threshold detector Which detects When an a maXimum quantity of paint balls contained Within a paint
35
envelope of said microphonic electrical Waves eXceeds ball magaZine feed tube.
a threshold voltage and provides a threshold output
voltage representative thereof; * * * * *
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EXHIBIT C
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 29 of 141 PageID #: 89
US007021302B2

(12) United States Patent (10) Patent N0.: US 7,021,302 B2


Neumaster et a]. (45) Date of Patent: Apr. 4, 2006

(54) ACTIVE FEED PAINTBALL LOADER WITH 5,282,454 A 2/1994 Bell et a1.
FLEXIBLE IMPELLER 5,799,598 A * 9/1998 Stui?ebeam et al. ...... .. 111/185
5,816,232 A 10/1998 Bell
(75) Inventors: Terry Neumaster, Bentonville, AR 6,213,110 B1 4/2001 ChntPher et al'
(US); Bruce Crites, Kalamazoo, MI ggrs?goulos et 31'
(US); Michael Jezdlmlr, PlamWell, MI 6,467,473 B1 100002 Kostiopoulos
(Us) 6,488,019 B1 12/2002 Kotsiopoulos
_ _ 6,502,567 B1* 1/2003 Christopher et al. ..... .. 124/51.1
(73) Asslgneei Brass Eagle LLC, Bentonvllle, AR 6,761,158 B1 * 7/2004 Wright ...................... .. 124/92
(Us) 2002/0014230 A1 2/2002 Christopher et a1.
2002/0092513 A1 7/2002 Christopher et al.
(*) Notice: Subject to any disclaimer, the term of this 2003/0010330 A1 1/2003 Jong
patent is extended or adjusted under 35
USC 1546)) by 0 days OTHER PUBLICATIONS
Bill Mills, WARPIGiWorld and Regional Paintball Infor
(21) APP1- NOJ 105501075 mation Guide, eVLution 2 Sneak Preview, Aug. 2001, pp.
1-4.
(22) Filed: Aug. 28, 2003
* cited by examiner
65 P ' P bl' t' D t
( ) nor u lea Ion a a Primary Examinerilohn A. Ricci
US 2004/0074489 A1 Apr. 22, 2004 (74) Attorney, Agent, or FirmiFoley & Lardner LLP
Related US. Application Data (57) ABSTRACT
(60) Provisional application No. 60/407,007, ?led on Aug.
30 2002' An impeller for an active-feed paintball loader has resilient
arms that engage paintballs in the loWer portion (Well) of the
(51) Int. Cl. loader and advance them to and through the outfeed tube.
F41B 11/02 (2006.01) . . . .
_ _ The res1l1ent arms are su?icrently stliT to move unobstructed
(52) US. Cl. ....... ...... .., ...... .. 124/48, 124/49, 124/51.1 paintballs located between the: arms, and su?rlcien?y ?exible
(58) Field of Classi?cation Search ................ .. 124/48, to yield When forced against Stationary paintballs so as not
_ _ 124/49 51-1; 221000, 203; 258> 277 to rupture the paintball shells, the arms substantially retum
See aPPhCaUOn ?le for Complete Search hlstory- ing to their original shape When the obstruction is removed.
_ Accordingly, When the motor is shut 011, the arms Will
(56) References Cited simply ?ex backward as they encounter stationary paint
U.S. PATENT DOCUMENTS balls. Should a paintball jam occur in the vicinity of the
impeller, the arm(s) can ?ex around the jammed ball Without
3,059,629 A * 10/1962 Stinson ................... .. 124/23.1 breaking it, and help to dislodge it SO as to Clear the jam
4,265,739 A * 5/1981 Dalton . ... ... . . . . .. 209/169

4,697,721 A * 10/1987 Johnson et al. 221/211


4,759,435 A * 7/1988 Cedrone ................ .. 198/4598 52 Claims, 7 Drawing Sheets
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U.S. Patent Apr. 4, 2006 Sheet 1 0f 7 US 7,021,302 B2


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U.S. Patent Apr. 4, 2006 Sheet 2 0f 7 US 7,021 302 B2


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U.S. Patent Apr. 4, 2006 Sheet 3 0f 7 US 7,021,302 B2


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U S. Patent Apr. 4, 2006 Sheet 4 0f 7 US 7,021 302 B2


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U.S. Patent Apr. 4, 2006 Sheet 5 0f 7 US 7,021,302 B2


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U.S. Patent Apr. 4, 2006 Sheet 6 0f 7 US 7,021,302 B2


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U.S. Patent Apr. 4, 2006 Sheet 7 0f 7 US 7,021,302 B2


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US 7,021,302 B2
1 2
ACTIVE FEED PAINTBALL LOADER WITH location Within the outfeed tube (i.e., a depleted stack).
FLEXIBLE IMPELLER Upon detection of the absence of a paintball at the speci?ed
location Within the outfeed tube, the optical circuit Would
CROSS REFERENCE TO THE RELATED close a sWitch to turn on a stepper motor, Which Would cause
APPLICATION the agitator to rotate. Agitator rotation usually Would elimi
nate the paintball jam Within the loader, alloWing paintballs
This application claims the bene?t of US. provisional to resume gravity feed into the outfeed tube. This, in turn,
application Ser. No. 60/407,007, ?led Aug. 30, 2002. Would replenish the paintball stack and cause the optical
circuit to open the sWitch and turn off the motor, thus
BACKGROUND OF THE INVENTION
arresting the agitator. While improving delivery of paintballs
1. Field of the Invention to the paintball gun, the agitator solution of the 454 patent
The invention relates to loaders for paintball guns. More is not optimal because the agitator simply shul?es paintballs
particularly, the invention relates to a paintball loader having Within the loader housing, Which are fed only by gravity to
a motor-driven impeller for actively feeding paintballs to the the outfeed tube.
infeed opening of a paintball gun. Yet another solution for clearing paintball jams is pre
2. Description of the Related Art sented in US. Pat. No. 5,816,232, Which is also incorporated
The game of paintball has enjoyed great success in recent herein by reference. In the active feed loader of the 232
years. In the game, each of tWo or more teams tries to patent, a sWitch controlling a motor-driven impeller is turned
capture the opposing teams ?ag. The players on the teams 20 on and off by an optical paintball detector in a manner
carry a compressed air-poWered gun that shoots paintballs similar to the agitator control in the 454 patent. The
(i.e., gelatin-covered spherical capsules Which contain a impeller of the 232 patent is situated in a surrounding Well
colored liquid) a considerable distance. When a player is hit at the bottom of the loader housing and has curved arms that
With a paintball ?red from a gun, the paintball ruptures and sequentially move paintballs one-by-one toWard the outfeed
leaves a colored mark on the hit player; the hit player must 25
tube. Similar active-feed paintball loaders are disclosed in
leave the game. As the game of paintball has groWn in
US. Pat. No. 6,213,110 and US. Patent Publication No. US
sophistication, semi-automatic paintball guns (i.e., guns that 2002/0014230 A1. In all of these active-feed loaders the
sequentially ?re individual paintballs as fast as the trigger
can be repeatedly pulled) have become more prevalent. The impeller is made of a relatively stilf, unyielding material. If
high ?ring rate capability of semi-automatic paintball guns 30
the impeller should turn When there is a paintball jam, or
has necessitated the use of bulk paintball loaders in con When the stack of paintballs in the outfeed tube is static (gun
junction With such guns. not ?ring), the stiff impeller can squeeze and undesirably
A conventional bulk paintball loader typically comprises break one or more paintballs in the loader housing. This
a housing positioned above and slightly to one side of the latter situation can occur if the motor does not shut off due
paintball gun. The housing is adapted to internally store a 35 to a malfunction, or during normal operation if motor/
relatively large number of paintballs and has a bottom outlet impeller rotation is not arrested quickly enough. US. Patent
opening through Which the stored paintballs can sequentially Publication No. US 2002/0092513 A1 recogniZes this impel
drop. Connected to the housings bottom outlet opening, and ler over-running problem, but the solution proposed is a
extending doWnWardly therefrom, is an outfeed tube that is complex and seemingly costly spring mechanism built into
connectable to the paintball guns holloW infeed tube. 40 the impeller.
During normal operation of the loader, paintballs dropped A need therefore exists for a simple and economical
through the bottom outlet opening of the housing form a active-feed paintball loader that reliably feeds paintballs to
paintball stack Within the outfeed tube and gun infeed tube.
the outfeed tube to ensure a rapid and steady supply of
When the paintball at the bottom of the stack is dropped into
the ?ring chamber of the paintball gun, it is replaced, at the paintballs to the gun, While preventing (or at least greatly
45
top of the stack, from the supply of paintballs remaining in reducing the likelihood of) paintball breakage in the loader.
the loader housing, thereby replenishing the stack. In replen
ishing the stack of paintballs, hoWever, jams sometimes SUMMARY OF THE INVENTION
occur Within the loader housing, above its bottom outlet
opening. Paintball jams of this nature prevent normal grav 50 An impeller for an active-feed paintball loader has resil
ity-fed delivery of paintballs doWnWardly through the bot ient arms that engage paintballs in the loWer portion (Well)
tom outlet opening, With the result that the paintball stack of the loader and advance them to and through the outfeed
can be totally depleted after several shots of the paintball tube. As used herein, the term resilient arms means arms
gun. that are su?iciently stilf to move unobstructed paintballs
One solution for clearing paintball jams involves forcibly 55 located betWeen the arms, and su?iciently ?exible to yield
shaking the paintball gun and attached loader to dislodge the When forced against stationary paintballs so as not to rupture
paintballs that are causing the jam Within the loader housing. the paintball shells, the arms substantially returning to their
This solution has proved undesirable as it interrupted the original shape When the obstruction is removed. Accord
proper aiming of the paintball gun and correspondingly ingly, When the motor is shut off, the arms Will simply ?ex
interrupted the paintball gun users ability to shoot the 60 backWard as they encounter stationary paintballs. Should a
paintballs continuously and rapidly. paintball jam occur in the vicinity of the impeller, the arm(s)
Another solution is presented in US. Pat. No. 5,282,454, can ?ex around the jammed ball Without breaking it, and
Which is incorporated herein by reference. The 454 patent help to dislodge it so as to clear the jam. The impeller
incorporates a jam clearing system into the paintball loader preferably is made of a type of neoprene. It may be molded
device. The jam clearing system includes an agitator dis 65 as a one-piece item, or in tWo mating pieces, one being a hub
posed Within the housing near the outlet, and an optical extension made of harder material that engages the motor
circuit for detecting the absence of paintballs at a speci?ed shaft.
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US 7,021,302 B2
3 4
BRIEF DESCRIPTION OF THE DRAWING With a corresponding portion of the drive shaft so that the
impeller Will not slip relative to the drive shaft While the
Embodiments that incorporate the best mode for carrying motor is running. The diameter of socket 54 preferably is
out the invention are described below, purely by Way of smaller than the diameter of central bore 52, and a Web 58
example, With reference to the accompanying drawing, in 5 separates the socket 54 from the bore 52. Web 58 has a
Which: central hole 59 in axial alignment With socket 54 and bore
FIG. 1 is a side elevational vieW of a loader shoWn 52. A suitable fastener, such as screW 60 With a head 62, is
mounted on a paintball gun; contained Within impeller 40 and secures the impeller to the
FIG. 2 is a sectional vieW of the loader of FIG. 1 taken drive shaft.
along line Hill in FIG. 1; The hub 53 of impeller 40 preferably has an outer
FIG. 3 is a top perspective vieW of a ?rst (one-piece) diameter of about 19 mm. Each of the six arms preferably is
embodiment of an impeller according to the invention; about 4 mm thick, extends from the hub about 18 mm, and
FIG. 4 is a top perspective sectional vieW of the one-piece has slightly rounded upper edges, Where paintball contact
impeller taken along line IViIV in FIG. 3; may occur. In this embodiment the entire impeller 40 is
FIG. 5 is a bottom perspective sectional vieW of the formed of a resilient material. Various types of resilient
one-piece impeller shoWn in FIGS. 3 and 4; material may be used, such as rubber or plastic, provided the
FIG. 6 is a top perspective vieW of the upper portion of a arms are su?iciently stiff to move unobstructed paintballs
tWo-piece impeller according to a second embodiment of the located betWeen the arms, and su?iciently ?exible to yield
invention; When forced against stationary paintballs so as not to rupture
FIG. 7 is a top perspective vieW of the loWer portion (hub 20 the paintball shells. Accordingly, in an over-running situa
insert) for the tWo-piece impeller shoWn in FIG. 6; and tion (impeller does not stop immediately upon motor shut
FIG. 8 is a perspective sectional vieW of the tWo-piece o?), the arms Will simply ?ex backWard as they encounter
impeller of FIGS. 6 and 7, shoWing both parts engaged. stationary paintballs, the paintballs themselves serving to
arrest the impeller and the ?exed arms storing energy for
DETAILED DESCRIPTION 25 rapid start-up When the motor is reactivated. If a paintball
jam should occur in the vicinity of the impeller, the arm(s)
TWo embodiments of the invention are illustrated in the can ?ex around the jammed ball and help to dislodge it so
draWing and described beloW. The same draWing reference as to clear the jam. If there is a malfunction such that the
numbers are used to refer to the same or like parts of these motor continues to run even though the gun is not being
embodiments. Except as noted beloW, US. Pat. No. 5,816, 30 ?red, the arms Will ?ex around the stationary paintballs, With
232 (the 232 patent) generally depicts and describes the little likelihood of breaking them.
overall active feed paintball loader con?guration used in the
present invention. The differences betWeen the present
A preferred material for inj ection-molding the impeller is
invention and the loader of the 232 patent reside in the
manufactured by J-Von NA, LLC, 25 Litch?eld Street,
con?guration and construction of the impeller in the Well at
Leominster, Mass. 01453 (http://WWW.jvon.com). The pre
35
ferred J-Von material is a type of neoprene Which is mar
the bottom of loader that moves paintballs into and through
keted under the product name J-PRENE and is listed under
the outfeed tube of the loader.
product No. 5110-73A. Molding of the J-PRENE material to
FIG. 1 shoWs a loader 10 according to the invention
positioned on top of and connected to a paintball gun 12
form impeller 40 has been accomplished by Titan Plastics
?tted With an infeed tube 26. The outfeed tube 28 of the
Group, A.V. San Diego 610, Fracc. Indl. Nogalar, San
40
Nicolas de los Garza, N.L., Mexico CP 66480. The J-PRENE
loader 10 mates With the infeed tube 26 of the gun 12 so that
paintballs 51 housed Within the loader 10 can be transferred
material has the folloWing properties:
to the gun 12 via the outfeed and infeed tubes 28, 26.
Referring to FIG. 2, positioned Within the loader 10 is an
impeller 40, Which is driven by a stepper motor (not shoWn) 45 ASTM
of the type described in the 232 patent. The impeller 40, TEST PROPERTY
Which sits Within a Well 70 formed in the bottom of the PROPERTY METHOD UNITS VALUE
loader 10, serves to force paintballs 51 into and through Hardness, 10 sec D-2240 Shore A 73
outfeed tube 28, Which is connected to the Well 70 by means Speci?c Gravity D-792 i 0.97
of a paintball passageWay 31. 50 Melt Index Cond. G D-l238 g/10 min 3
Tensile Strength D-412 psi 1175
Referring to FIGS. 3*5, impeller 40 is made in one piece
(MP3) (3-1)
and includes an upper portion 44 having six equally spaced TensileModulus D-412 psi 480
resilient arms 50 projecting from a central hub 53, and a @ 100% (Mpa) (3.3)
depending hub extension 42. Hub 53 has a central bore 52. Ultimate Elongation D-412 % 480
Tear Strength D-624 pli 205
Hub extension 42 serves to mount the impeller on the 55
vertical drive shaft of the motor. The motor is located beloW (kN/rn) (35.9)
Taber Abrasion D-l044 mg Wt loss 270
Well 70, as described in the 232 patent. In a relaxed state, Compression Set D-395B % @ RT 22 hrs 22
the arms 50 are substantially straight and project substan Compression Set D-395B % @ 700 C. 22 hrs 34
Oil SWell 24 hr, D-471 % Volume Change 80
tially radially from central hub 53 toWard the surrounding 1210 C., IRM 903
Wall 72 of the Well 70. The arms 50 preferably are at a height 60
above the bottom of the Well 70 such that they engage
paintballs in the Well around their mid-sections, as illus FIGS. 6*8 shoW a tWo-piece impeller 40 in Which the
trated in FIG. 3 of the 232 patent. upper portion 44 and the hub extension 42 are formed
Hub extension 42 has a loWer socket 54 in axial alignment separately. In this preferred embodiment the upper portion
With the central bore 52 in hub 53. Socket 54 is adapted to 65 44, Which also has a central hub 53 and radiating arms 50,
receive the motor drive shaft (not shoWn), and preferably has preferably is formed of the same type of resilient material
at least one ?at 55 or other non-cylindrical portion that mates (e.g., J-PRENE No. 5110-73A) discussed above in connection
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US 7,021,302 B2
5 6
With the one-piece embodiment. The hub extension 42, 5. An impeller according to claim 4, Wherein the arms
however, preferably is formed of a more rigid material, such project substantially radially from the hub.
as a hard plastic (e.g., ABS) or metal, Which affords a more 6. An impeller according to claim 5, Wherein the upper
positive (non-slip) connection to the rotary motor shaft than portion of the hub and the arms are integrally formed of a
the softer material used in the upper portion. The internal ?rst material, and the hub extension is formed of a second
construction of the hub extension 42 is identical to that material that is more rigid than the ?rst material.
found in the ?rst embodiment: a Web 58 With a screW hole 7. An impeller according to claim 6, Wherein the ?rst
59 separates a mounting socket 54 from a central bore 52. material is neoprene.
The hub extension 42 has an external geometry that mates 8. An impeller according to claim 1, Wherein one of the
securely With the upper portion 44 of the impeller, as upper portion of the hub and the hub extension has projec
described beloW. tions, and the other of the upper portion of the hub and the
Referring to FIG. 7, the hub extension 42 has a circum hub extension has recesses that mate With the projections.
ferential ?ange 99 and six equally spaced short splines 92 9. An impeller according to claim 8, Wherein the projec
having rounded corners. The splines 92 project upWardly tions comprise splines.
from ?ange 99 and radially from the upper outer Wall 93 of 10. An impeller according to claim 9, Wherein the splines
a boss 57 at the upper end of the hub extension. Mating are on the hub extension, and the recesses are on the upper
recesses in the upper portion 44 of the impeller snugly portion of the hub.
receive these projections to form a secure connection 11. An impeller according to claim 10, Wherein the
betWeen the tWo parts. Referring to FIGS. 6 and 8, a bore 56 projections further comprise a circumferential ?ange on the
in upper portion 44 receives boss 57 of hub extension 42; six 20 hub extension, and the recesses comprise a circumferential
circumferentially spaced notches 90 in upper portion 44 groove on the upper portion of the hub that mates With the
receive splines 92; and a lip 98 forms a circumferential circumferential ?ange.
groove 96 that receives ?ange 99. 12. An impeller according to claim 11, Wherein the upper
Upper portion 44 preferably is over-molded onto hub portion of the hub and the arms are integrally formed of a
extension 42, Which is inserted in the mold for upper portion 25 ?rst material, and the hub extension is formed of a second
44 prior to injection of the J -PRENE or other resilient mate material that is more rigid than the ?rst material.
rial. This Will result in a very snug ?t of the tWo parts. It is 13. An impeller according to claim 12, Wherein the ?rst
also possible to mold upper portion 44 separately, and later material is neoprene.
join it to hub extension 42. This Would be accomplished by 14. An impeller according to claim 13, Wherein the arms
placing the bore 56 over the boss 57 With the notches 90 in 30
are substantially straight.
alignment With the splines 92. The upper portion 44 is then 15. An impeller according to claim 14, Wherein the arms
?exed, stretched and pressed doWn over boss 57 until lip 98 project substantially radially from the hub.
is positioned beloW ?ange 99, With ?ange 99 snugly 16. An active feed paintball loader comprising a housing
received in groove 96, splines 92 snugly received in notches for storing paintballs, a bottom Well in the housing With a
90, and boss 57 snugly received in bore 56. 35
paintball outlet, a rotatable shaft projecting upWardly into
Although preferred embodiments of the invention have the Well, a motor for driving the shaft, and an impeller in the
been described, the invention is not so restricted. It Will be Well mounted on and rotatable With the shaft for moving
apparent to those skilled in the art that various modi?cations
paintballs toWard the outlet, Wherein the impeller comprises:
and variations can be made Without departing from the scope
a hub mounted on and rotatable With the shaft; and
of the invention, Which is de?ned by the appended claims. 40
For example, the impeller can have feWer or more than the
a plurality of resilient arms extending outWardly from the
illustrated six arms as long as a paintball can ?t betWeen
hub and accommodating paintballs therebetWeen.
adjacent arms and a desired paintball feed rate can be 17. An active feed paintball loader according to claim 16,
maintained. Accordingly, it should be understood that the Wherein the arms are substantially straight.
apparatus and methods described herein are illustrative only 45 18. An active feed paintball loader according to claim 17,
and are not limiting upon the scope of the invention. Wherein the arms project substantially radially from the hub.
The invention claimed is: 19. An active feed paintball loader according to claim 18,
1. An impeller for an active feed paintball loader, the Wherein the impeller is made of neoprene.
loader having a housing for storing paintballs, a bottom Well 20. An active feed paintball loader according to claim 19,
in the housing With a paintball outlet, and a motor-driven 50 Wherein the hub and the arms are integrally molded.
shaft projecting upWardly into the Well; Wherein the impeller 21. An active feed paintball loader according to claim 18,
comprises a hub adapted to be mounted on and rotate With Wherein the hub and the arms are integrally molded.
the shaft in the Well, and a plurality of resilient arms 22. An active feed paintball loader according to claim 16,
extending outWardly from the hub and accommodating Wherein the hub and the arms are integrally molded.
paintballs therebetWeen, and Wherein the hub has an upper 55 23. An active feed paintball loader according to claim 22,
portion from Which the arms extend, and a separate loWer Wherein the impeller is made of neoprene.
hub extension adapted to be mounted on the shaft, the upper 24. An active feed paintball loader according to claim 16,
portion and the loWer hub extension being con?gured to Wherein the hub has an upper portion from Which the arms
mate With each other and not rotate relative to one another. extend, and a separate loWer hub extension adapted to be
2. An impeller according to claim 1, Wherein the upper 60 mounted on the shaft, the upper portion and the loWer hub
portion of the hub and the arms are integrally formed of a extension being con?gured to mate With each other and not
?rst material, and the hub extension is formed of a second rotate relative to one another.
material that is more rigid than the ?rst material. 25. An active feed paintball loader according to claim 24,
3. An impeller according to claim 2, Wherein the ?rst Wherein the upper portion of the hub and the arms are
material is neoprene. 65 integrally formed of a ?rst material, and the hub extension
4. An impeller according to claim 1, Wherein the arms are is formed of a second material that is more rigid than the ?rst
substantially straight. material.
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US 7,021,302 B2
7 8
26. An active feed paintball loader according to claim 25, Wherein the hub is con?gured to be mounted on and rotate
wherein the ?rst material is neoprene. With the shaft in the Well, and the arms are siZed to ?t
27. An active feed paintball loader according to claim 24, Within the Well and are spaced to accommodate paint
Wherein the arms are substantially straight. balls therebetWeen, and
28. An active feed paintball loader according to claim 27, Wherein the hub has an upper portion from Which the arms
Wherein the arms project substantially radially from the hub. extend, and a separate loWer hub extension adapted to
29. An active feed paintball loader according to claim 28,
be mounted on the shaft, the upper portion and the
Wherein the upper portion of the hub and the arms are
integrally formed of a ?rst material, and the hub extension loWer hub extension being con?gured to mate With
each other and not rotate relative to one another.
is formed of a second material that is more rigid than the ?rst 10
material. 40. An impeller according to claim 39, Wherein the arms
30. An active feed paintball loader according to claim 29, are substantially straight.
Wherein the ?rst material is neoprene. 41. An impeller according to claim 40, Wherein the arms
31. An active feed paintball loader according to claim 24, project substantially radially from the hub.
Wherein one of the upper portion of the hub and the hub
42. An impeller according to claim 41, Wherein the
extension has projections, and the other of the upper portion
impeller is made of neoprene.
of the hub and the hub extension has recesses that mate With
the projections. 43. An impeller according to claim 42, Wherein the hub
32. An active feed paintball loader according to claim 31, and the arms are integrally molded.
Wherein the projections comprise splines. 20 44. An impeller according to claim 41, Wherein the hub
33. An active feed paintball loader according to claim 32, and the arms are integrally molded.
Wherein the splines are on the hub extension, and the 45. An impeller according to claim 39, Wherein the hub
recesses are on the upper portion of the hub. and the arms are integrally molded.
34. An active feed paintball loader according to claim 33,
Wherein the projections further comprise a circumferential 25
46. An impeller according to claim 45, Wherein the
?ange on the hub extension, and the recesses comprise a impeller is made of neoprene.
circumferential groove on the upper portion of the hub that 47. An impeller according to claim 39, Wherein the upper
mates With the circumferential ?ange. portion of the hub and the arms are integrally formed of a
35. An active feed paintball loader according to claim 34, ?rst material, and the hub extension is formed of a second
Wherein the upper portion of the hub and the arms are 30 material that is more rigid than the ?rst material.
integrally formed of a ?rst material, and the hub extension 48. An impeller according to claim 47, Wherein the ?rst
is formed of a second material that is more rigid than the ?rst material is neoprene.
material. 49. An impeller according to claim 39, Wherein one of the
36. An active feed paintball loader according to claim 35, upper portion of the hub and the hub extension has projec
Wherein the ?rst material is neoprene. 35 tions, and the other of the upper portion of the hub and the
37. An active feed paintball loader according to claim 36, hub extension has recesses that mate With the projections.
Wherein the arms are substantially straight. 50. An impeller according to claim 49, Wherein the
38. An active feed paintball loader according to claim 37, projections comprise splines.
Wherein the arms project substantially radially from the hub.
39. An impeller comprising: 40
51. An impeller according to claim 50, Wherein the splines
are on the hub extension, and the recesses are on the upper
a hub; and
a plurality of resilient arms extending outWardly from the portion of the hub.
hub, 52. An impeller according to claim 51, Wherein the
Wherein the impeller is con?gured for placement in an projections further comprise a circumferential ?ange on the
active feed paintball loader, the loader having a housing 45 hub extension, and the recesses comprise a circumferential
for storing paintballs, a bottom Well in the housing With groove on the upper portion of the hub that mates With the
a paintball outlet through Which the impeller pushes circumferential ?ange.
paintballs, and a motor-driven shaft projecting
upWardly into the Well,
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EXHIBIT D
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 42 of 141 PageID #: 102
US007357129B2

(12) United States Patent (10) Patent N0.: US 7,357,129 B2


Neumaster et a]. (45) Date of Patent: Apr. 15, 2008

(54) ACTIVE FEED PAINTBALL LOADER WITH 4,265,739 A 5/1981 Dalton


FLEXIBLE IMPELLER 4,697,721 A 10/1987 Johnson et al.
4,759,435 A 7/1988 Cedrone
(76) Inventors: Terry Neumaster, c/o Brass Eagle LLC 5,282,454 A 2/1994 Bell et a1.
1201 SE. 30th St., Bentonville, AR 5,799,598 A 9/1998 Stu?lebeam et al.
(US) 72712; Bruce Crites, c/o Titan 5,816,232 A 10/1998 Bell
Technical Center 1811 Vanderbilt Rd., 6,231,110 B1 4/2001 Christopher et al.
Portage, MI (US) 48024; Michael 6,305,367 B1 10/2001 Kotsiopoulos et a1.
Jezdimir, c/o Titan Technical Center 6,415,781 B1 7/2002 Perrone
1811 Vanderbilt Rd., Portage, MI (US) 6,467,473 B1 10/2002 Kostiopoulos
48024 6,488,019 B2 12/2002 Kotsiopoulos
6,502,567 B1 1/2003 Christopher et al.
(*) Notice: Subject to any disclaimer, the term of this 6,761,158 B2 7/2004 Wright
patent is extended or adjusted under 35 7,021,302 B2 * 4/2006 Neumaster et al. ......... .. 124/48
USC 154(b) by 0 days. 2002/0014230 A1 2/2002 Christopher et al.
2002/0092513 A1 7/2002 Christopher et al.
(21) Appl. N0.: 11/395,526
2003/0010330 A1 1/2003 Jong
(22) Filed: Apr. 3, 2006
(65) Prior Publication Data OTHER PUBLICATIONS
US 2007/0023025 A1 Feb. 1, 2007 Bill Mills, WARPIG-World and Regional Paintball Information
Guide, eVolution 2 Sneak Preview, Aug. 2001, pp. 1-4.
Related US. Application Data
(63) Continuation of application No. 10/650,075, ?led on * cited by examiner
Aug. 28, 2003, noW Pat. No. 7,021,302. Primary Examinerilohn A. Ricci
(60) Provisional application No. 60/407,007, ?led on Aug. (74) Attorney, Agent, or FirmiKeisling Pieper & Scott
30, 2002. PLC; David B. Pieper; Trent C. Keisling

(51) Int. Cl. (57) ABSTRACT


F41B 11/02 (2006.01)
(52) US. Cl. ........................ .. 124/48; 124/49; 124/51.1 A paintball loader has a motor-driven impeller With a
(58) Field of Classi?cation Search ................ .. 124/48, plurality of resilient arms that engage and move paintballs in
124/49, 51.1; 221/200, 203, 258, 277 the loader housing. The resilient arms preferably are spaced
See application ?le for complete search history. to accommodate paintballs therebetWeen. The arms are
(56) References Cited suf?ciently ?exible to yield so as not to rupture the paintball
shells.
U.S. PATENT DOCUMENTS
3,059,629 A 10/1962 Stinson 25 Claims, 7 Drawing Sheets
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U.S. Patent Apr. 15, 2008 Sheet 1 0f 7 US 7,357,129 B2


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U.S. Patent Apr. 15, 2008 Sheet 2 0f 7 US 7,357,129 B2


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U.S. Patent Apr. 15, 2008 Sheet 3 0f 7 US 7,357,129 B2


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U.S. Patent Apr. 15, 2008 Sheet 4 0f 7 US 7,357,129 B2


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U.S. Patent Apr. 15, 2008 Sheet 5 0f 7 US 7,357,129 B2


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U.S. Patent Apr. 15, 2008 Sheet 6 0f 7 US 7,357,129 B2

FIG. 7
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U.S. Patent Apr. 15, 2008 Sheet 7 0f 7 US 7,357,129 B2


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US 7,357,129 B2
1 2
ACTIVE FEED PAINTBALL LOADER WITH posed Within the housing near the outlet, and an optical
FLEXIBLE IMPELLER circuit for detecting the absence of paintballs at a speci?ed
location Within the outfeed tube (i.e., a depleted stack).
CROSS REFERENCE TO RELATED Upon detection of the absence of a paintball at the speci?ed
APPLICATIONS location Within the outfeed tube, the optical circuit Would
close a sWitch to turn on a stepper motor, Which Would cause
This application is a continuation of US. application Ser. the agitator to rotate. Agitator rotation usually Would elimi
No. 10/650,075, ?led Aug. 28, 2003 (US. Pat. No. 7,021, nate the paintball jam Within the loader, alloWing paintballs
302), Which claims the bene?t of US. provisional applica to resume gravity feed into the outfeed tube. This, in turn,
tion No. 60/407,007, ?led Aug. 30, 2002. Would replenish the paintball stack and cause the optical
circuit to open the sWitch and turn off the motor, thus
BACKGROUND OF THE INVENTION arresting the agitator. While improving delivery of paintballs
to the paintball gun, the agitator solution of the 454 patent
1. Field of the Invention is not optimal because the agitator simply shul?es paintballs
The invention relates to loaders for paintball guns. More Within the loader housing, Which are fed only by gravity to
particularly, the invention relates to a paintball loader having the outfeed tube.
a motor-driven impeller for actively feeding paintballs to the
infeed opening of a paintball gun. Yet another solution for clearing paintball jams is pre
2. Description of the Related Art sented in US. Pat. No. 5,816,232, Which is also incorporated
The game of paintball has enjoyed great success in recent herein by reference. In the active feed loader of the 232
20
years. In the game, each of tWo or more teams tries to patent, a sWitch controlling a motor-driven impeller is turned
capture the opposing teams ?ag. The players on the teams on and off by an optical paintball detector in a manner
carry a compressed air-poWered gun that shoots paintballs similar to the agitator control in the 454 patent. The
(i.e., gelatin-covered spherical capsules Which contain a impeller of the 232 patent is situated in a surrounding Well
colored liquid) a considerable distance. When a player is hit at the bottom of the loader housing and has curved arms that
25
With a paintball ?red from a gun, the paintball ruptures and sequentially move paintballs one-by-one toWard the outfeed
leaves a colored mark on the hit player; the hit player must tube. Similar active-feed paintball loaders are disclosed in
leave the game. As the game of paintball has groWn in US. Pat. No. 6,213,110 and US. Patent Publication No. US
2002/0014230 A1. In all of these active-feed loaders the
sophistication, semi-automatic paintball guns (i.e., guns that
sequentially ?re individual paintballs as fast as the trigger 30
impeller is made of a relatively stilf, unyielding material. If
can be repeatedly pulled) have become more prevalent. The the impeller should turn When there is a paintball jam, or
high ?ring rate capability of semi-automatic paintball guns When the stack of paintballs in the outfeed tube is static (gun
has necessitated the use of bulk paintball loaders in con not ?ring), the stiff impeller can squeeZe and undesirably
junction With such guns. break one or more paintballs in the loader housing. This
A conventional bulk paintball loader typically comprises latter situation can occur if the motor does not shut off due
35
a housing positioned above and slightly to one side of the to a malfunction, or during normal operation if motor/
paintball gun. The housing is adapted to internally store a impeller rotation is not arrested quickly enough. US. Patent
relatively large number of paintballs and has a bottom outlet Publication No. US 2002/0092513 A1 recogniZes this impel
opening through Which the stored paintballs can sequentially ler over-running problem, but the solution proposed is a
drop. Connected to the housings bottom outlet opening, and 40
complex and seemingly costly spring mechanism built into
extending doWnWardly therefrom, is an outfeed tube that is the impeller.
connectable to the paintball guns holloW infeed tube. A need therefore exists for a simple and economical
During normal operation of the loader, paintballs dropped active-feed paintball loader that reliably feeds paintballs to
through the bottom outlet opening of the housing form a the outfeed tube to ensure a rapid and steady supply of
paintball stack Within the outfeed tube and gun infeed tube. 45 paintballs to the gun, While preventing (or at least greatly
When the paintball at the bottom of the stack is dropped into reducing the likelihood of) paintball breakage in the loader.
the ?ring chamber of the paintball gun, it is replaced, at the
top of the stack, from the supply of paintballs remaining in SUMMARY OF THE INVENTION
the loader housing, thereby replenishing the stack. In replen
ishing the stack of paintballs, hoWever, jams sometimes 50 An impeller for an active-feed paintball loader has resil
occur Within the loader housing, above its bottom outlet ient arms that engage paintballs in the loWer portion (Well)
opening. Paintball jams of this nature prevent normal grav of the loader and advance them to and through the outfeed
ity-fed delivery of paintballs doWnWardly through the bot tube. As used herein, the term resilient arms means arms
tom outlet opening, With the result that the paintball stack that are su?iciently stilf to move unobstructed paintballs
can be totally depleted after several shots of the paintball 55 located betWeen the arms, and su?iciently ?exible to yield
gun. When forced against stationary paintballs so as not to rupture
One solution for clearing paintball jams involves forcibly the paintball shells, the arms substantially returning to their
shaking the paintball gun and attached loader to dislodge the original shape When the obstruction is removed. Accord
paintballs that are causing the jam Within the loader housing. ingly, When the motor is shut off, the arms Will simply ?ex
This solution has proved undesirable as it interrupted the 60 backWard as they encounter stationary paintballs. Should a
proper aiming of the paintball gun and correspondingly paintball jam occur in the vicinity of the impeller, the arm(s)
interrupted the paintball gun users ability to shoot the can ?ex around the jammed ball Without breaking it, and
paintballs continuously and rapidly. help to dislodge it so as to clear the jam. The impeller
Another solution is presented in US. Pat. No. 5,282,454, preferably is made of a type of neoprene. It may be molded
Which is incorporated herein by reference. The 454 patent 65 as a one-piece item, or in tWo mating pieces, one being a hub
incorporates a jam clearing system into the paintball loader extension made of harder material that engages the motor
device. The jam clearing system includes an agitator dis shaft.
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US 7,357,129 B2
3 4
BRIEF DESCRIPTION OF THE DRAWING With a corresponding portion of the drive shaft so that the
impeller Will not slip relative to the drive shaft While the
Embodiments that incorporate the best mode for carrying motor is running. The diameter of socket 54 preferably is
out the invention are described below, purely by Way of smaller than the diameter of central bore 52, and a Web 58
example, With reference to the accompanying drawing, in 5 separates the socket 54 from the bore 52. Web 58 has a
Which: central hole 59 in axial alignment With socket 54 and bore
FIG. 1 is a side elevational vieW of a loader shoWn 52. A suitable fastener, such as screW 60 With a head 62, is
mounted on a paintball gun; contained Within impeller 40 and secures the impeller to the
FIG. 2 is a sectional vieW of the loader of FIG. 1 taken drive shaft.
along line 11-11 in FIG. 1; The hub 53 of impeller 40 preferably has an outer
FIG. 3 is a top perspective vieW of a ?rst (one-piece) diameter of about 19 mm. Each of the six arms preferably is
embodiment of an impeller according to the invention; about 4 mm thick, extends from the hub about 18 mm, and
FIG. 4 is a top perspective sectional vieW of the one-piece has slightly rounded upper edges, Where paintball contact
impeller taken along line IV-IV in FIG. 3; may occur. In this embodiment the entire impeller 40 is
FIG. 5 is a bottom perspective sectional vieW of the formed of a resilient material. Various types of resilient
one-piece impeller shoWn in FIGS. 3 and 4; material may be used, such as rubber or plastic, provided the
FIG. 6 is a top perspective vieW of the upper portion of a arms are su?iciently stiff to move unobstructed paintballs
tWo-piece impeller according to a second embodiment of the located betWeen the arms, and su?iciently ?exible to yield
invention; When forced against stationary paintballs so as not to rupture
FIG. 7 is a top perspective vieW of the loWer portion (hub 20 the paintball shells. Accordingly, in an over-running situa
insert) for the tWo-piece impeller shoWn in FIG. 6; and tion (impeller does not stop immediately upon motor shut
FIG. 8 is a perspective sectional vieW of the tWo-piece o?), the arms Will simply ?ex backWard as they encounter
impeller of FIGS. 6 and 7, shoWing both parts engaged. stationary paintballs, the paintballs themselves serving to
arrest the impeller and the ?exed arms storing energy for
DETAILED DESCRIPTION 25 rapid start-up When the motor is reactivated. If a paintball
jam should occur in the vicinity of the impeller, the arm(s)
TWo embodiments of the invention are illustrated in the can ?ex around the jammed ball and help to dislodge it so
draWing and described beloW. The same draWing reference as to clear the jam. If there is a malfunction such that the
numbers are used to refer to the same or like parts of these motor continues to run even though the gun is not being
embodiments. Except as noted beloW, US. Pat. No. 5,816, 30 ?red, the arms Will ?ex around the stationary paintballs, With
232 (the 232 patent) generally depicts and describes the little likelihood of breaking them.
overall active feed paintball loader con?guration used in the A preferred material for inj ection-molding the impeller is
present invention. The differences betWeen the present manufactured by J-Von NA, LLC, 25 Litch?eld Street,
invention and the loader of the 232 patent reside in the Leominster, Mass. 01453 (http://WWW.jvon.com). The pre
con?guration and construction of the impeller in the Well at 35 ferred J-Von material is a type of neoprene Which is mar
the bottom of loader that moves paintballs into and through keted under the product name J-PRENE and is listed under
the outfeed tube of the loader. product No. 5110-73A. Molding of the .I-PRENE material to
FIG. 1 shoWs a loader 10 according to the invention form impeller 40 has been accomplished by Titan Plastics
positioned on top of and connected to a paintball gun 12 Group, A.V. San Diego 610, Fracc. Indl. Nogalar, San
?tted With an infeed tube 26. The outfeed tube 28 of the 40 Nicolas de los Garza, N.L., Mexico CP 66480. The .I-PRENE
loader 10 mates With the infeed tube 26 of the gun 12 so that material has the folloWing properties:
paintballs 51 housed Within the loader 10 can be transferred
to the gun 12 via the outfeed and infeed tubes 28, 26.
Referring to FIG. 2, positioned Within the loader 10 is an
impeller 40, Which is driven by a stepper motor (not shoWn) 45 ASTM TEST PROPERTY
of the type described in the 232 patent. The impeller 40, PROPERTY METHOD UNITS VALUE
Which sits Within a Well 70 formed in the bottom of the Hardness, 10 sec D-2240 Shore A 73
loader 10, serves to force paintballs 51 into and through Speci?c Gravity D-792 i 0.97
outfeed tube 28, Which is connected to the Well 70 by means Melt Index Cond. G D-l238 Q10 min 3
of a paintball passageWay 31. Tensile Strength D-412 psi 1175
50
Referring to FIGS. 3-5, impeller 40 is made in one piece (MP3) (3-1)
TensileModulus D-412 psi 480
and includes an upper portion 44 having six equally spaced @100% (Mpa) (3.3)
resilient arms 50 projecting from a central hub 53, and a Ultimate Elongation D-412 % 480
depending hub extension 42. Hub 53 has a central bore 52. Tear Strength D-624 pli 205
Hub extension 42 serves to mount the impeller on the 55 Taber Abrasion
(kN/rn) (35.9)
D-l044 mg Wt loss 270
vertical drive shaft of the motor. The motor is located beloW Compression Set D-395B % @ RT 22 hrs 22
Well 70, as described in the 232 patent. In a relaxed state, Compression Set D-395B % @ 700 C. 22 hrs 34
the arms 50 are substantially straight and project substan Oil SWell 24 hr, D-471 % Volume Change 80
121 C., IRM 903
tially radially from central hub 53 toWard the surrounding
Wall 72 of the Well 70. The arms 50 preferably are at a height 60
above the bottom of the Well 70 such that they engage FIGS. 6-8 shoW a tWo-piece impeller 40 in Which the
paintballs in the Well around their mid-sections, as illus upper portion 44 and the hub extension 42 are formed
trated in FIG. 3 of the 232 patent. separately. In this preferred embodiment the upper portion
Hub extension 42 has a loWer socket 54 in axial alignment 44, Which also has a central hub 53 and radiating arms 50,
With the central bore 52 in hub 53. Socket 54 is adapted to 65 preferably is formed of the same type of resilient material
receive the motor drive shaft (not shoWn), and preferably has (e.g., .I-PRENE No. 5110-73A) discussed above in connection
at least one ?at 55 or other non-cylindrical portion that mates With the one-piece embodiment. The hub extension 42,
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 52 of 141 PageID #: 112

US 7,357,129 B2
5 6
however, preferably is formed of a more rigid material, such 6. Apaintball loader according to claim 3, Wherein the hub
as a hard plastic (e.g., ABS) or metal, Which affords a more and the arms are integrally molded.
positive (non-slip) connection to the rotary motor shaft than 7. Apaintball loader according to claim 1, Wherein the hub
the softer material used in the upper portion. The internal and the arms are integrally molded.
construction of the hub extension 42 is identical to that 8. A paintball loader according to claim 7, Wherein the
found in the ?rst embodiment: a Web 58 With a screW hole impeller is made of neoprene.
59 separates a mounting socket 54 from a central bore 52. 9. Apaintball loader according to claim 1, Wherein the hub
The hub extension 42 has an external geometry that mates has an upper portion from Which the arms extend, and a
securely With the upper portion 44 of the impeller, as separate loWer hub extension adapted to be mounted on the
described beloW. shaft, the upper portion and the loWer hub extension being
Referring to FIG. 7, the hub extension 42 has a circum con?gured to mate With each other and not rotate relative to
ferential ?ange 99 and six equally spaced short splines 92 one another.
having rounded corners. The splines 92 project upWardly 10. A paintball loader according to claim 9, Wherein the
from ?ange 99 and radially from the upper outer Wall 93 of upper portion of the hub and the arms are integrally formed
a boss 57 at the upper end of the hub extension. Mating of a ?rst material, and the hub extension is formed of a
recesses in the upper portion 44 of the impeller snugly second material that is more rigid than the ?rst material.
receive these projections to form a secure connection
11. A paintball loader according to claim 10, Wherein the
betWeen the tWo parts. Referring to FIGS. 6 and 8, a bore 56
?rst material is neoprene.
in upper portion 44 receives boss 57 of hub extension 42; six
circumferentially spaced notches 90 in upper portion 44 20
12. A paintball loader according to claim 9, Wherein the
receive splines 92; and a lip 98 forms a circumferential arms are substantially straight.
groove 96 that receives ?ange 99. 13. A paintball loader according to claim 12, Wherein the
Upper portion 44 preferably is over-molded onto hub arms project substantially radially from the hub.
extension 42, Which is inserted in the mold for upper portion 14. A paintball loader according to claim 13, Wherein the
44 prior to injection of the J -PREN]E or other resilient material. 25 upper portion of the hub and the arms are integrally formed
This Will result in a very snug ?t of the tWo parts. It is also of a ?rst material, and the hub extension is formed of a
possible to mold upper portion 44 separately, and later join second material that is more rigid than the ?rst material.
it to hub extension 42. This Would be accomplished by 15. A paintball loader according to claim 14, Wherein the
placing the bore 56 over the boss 57 With the notches 90 in ?rst material is neoprene.
alignment With the splines 92. The upper portion 44 is then 30 16. A paintball loader according to claim 9, Wherein one
?exed, stretched and pressed doWn over boss 57 until lip 98 of the upper portion of the hub and the hub extension has
is positioned beloW ?ange 99, With ?ange 99 snugly projections, and the other of the upper portion of the hub and
received in groove 96, splines 92 snugly received in notches the hub extension has recesses that mate With the projec
90, and boss 57 snugly received in bore 56. tions.
Although preferred embodiments of the invention have 35 17. A paintball loader according to claim 16, Wherein the
been described, the invention is not so restricted. It Will be projections comprise splines.
apparent to those skilled in the art that various modi?cations 18. A paintball loader according to claim 17, Wherein the
and variations can be made Without departing from the scope splines are on the hub extension, and the recesses are on the
of the invention, Which is de?ned by the appended claims. upper portion of the hub.
For example, the impeller can have feWer or more than the 40
19. A paintball loader according to claim 18, Wherein the
illustrated six arms as long as a paintball can ?t betWeen projections further comprise a circumferential ?ange on the
adjacent arms and a desired paintball feed rate can be hub extension, and the recesses comprise a circumferential
maintained. Accordingly, it should be understood that the groove on the upper portion of the hub that mates With the
apparatus and methods described herein are illustrative only circumferential ?ange.
and are not limiting upon the scope of the invention. 45
20. A paintball loader according to claim 19, Wherein the
The invention claimed is: upper portion of the hub and the arms are integrally formed
1. A paintball loader comprising a housing With a paintball of a ?rst material, and the hub extension is formed of a
outlet, a rotatable shaft projecting upWardly into the hous second material that is more rigid than the ?rst material.
ing, a motor for driving the shaft, and an impeller in the
21. A paintball loader according to claim 20, Wherein the
housing mounted on and rotatable With the shaft for moving 50
?rst material is neoprene.
paintballs, Wherein the impeller comprises a hub mounted
on and rotatable With the shaft, and a plurality of resilient 22. A paintball loader according to claim 21, Wherein the
arms extending outWardly from the hub. arms are substantially straight.
2. A paintball loader according to claim 1, Wherein the 23. A paintball loader according to claim 22, Wherein the
arms are substantially straight. 55 arms project substantially radially from the hub.
3. A paintball loader according to claim 2, Wherein the 24. A paintball loader according to claim 1, Wherein the
arms project substantially radially from the hub. arms accommodate paintballs therebetWeen.
4. A paintball loader according to claim 3, Wherein the 25. A paintball loader according to claim 24, Wherein the
impeller is made of neoprene. impeller comprises at least three arms.
5. A paintball loader according to claim 4, Wherein the hub 60
and the arms are integrally molded. * * * * *
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 53 of 141 PageID #: 113

EXHIBIT E
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 54 of 141 PageID #: 114
US008561600B2

(12) United States Patent (10) Patent No.: US 8,561,600 B2


Christopher et al. (45) Date of Patent: *Oct. 22, 2013

(54) PAINTBALL LOADER (56) References Cited


(75) Inventors: James T. Christopher, Sachse, TX U-S- PATENT DOCUMENTS
(US); Chris T. Goddard, Aubrey, TX
1,332,992 A 3/1920 Moore et al.
(Us) 1,332,993 A 3/1920 Moore et al.
(73) Assignee: KEE Action Sports I LLC, SeWell, NJ (Continued)
(Us) FOREIGN PATENT DOCUMENTS
( * ) Notice: Subject' to any disclaimer, the term ofthis DE 876370 5/1953
patent is extended or adjusted under 35 DE 2035097 1/1972
U.S.C. 154(b) by 0 days. (Continued)
This patent is subject to a terminal dis
C1aimer_ OTHER PUBLICATIONS

(21) APPI' NO: 13/301,265 WARPIGi-World and Regional Paintball Information Guide, http://
WWWWarpig.com/paintball/technical/loaders/halo/1ndex.shtrnl,
(22) Filed: N0 21, 2011 WARPIG.COM, Odyssey Readies Halo for Production, By Bill
Mills, Jun. 2001, pp. 1 to 6.
(65) Prior Publication Data (Continued)
US 2012/0125303 A1 May 24, 2012
_ _ Primary Examiner * Bret Hayes
Related Us Apphcatlon Data (74) Attorney, Agent, or Firm * Volpe and Koenig, PC.
(63) Continuation of application No. 12/040,119, ?led on
Feb. 29, 2008, noW Pat. No. 8,061,342, which is a (57) ABSTRACT
Continuation of application NO- 11/522,708, ?led 011 A paintball loader for use on a paintball gun for feeding
SeP~ 18, 2006,110 abandoned, Whichis acominuation paintballs is provided. The paintball loader includes a con
OfaPPHCaIiOII NO- 10/851,837, ?led 011 May 21, 2004, tainer for holding a plurality of paintballs, a paintball agitator
now abandoned: Whichis a Continuation Ofapplication rotatably mounted in the container, the paintball agitator
NO~ 09/949,440: ?led on SeP- 7: 2001, HOW Pat- NO- including at least tWo ?ns extending substantially perpen
6,792,933, Which is a 00111111113110II-iII-Part 0f dicular to the axis of rotation, the ?ns spaced apart from each
application NO~ 09/ 689,573, ?led 011 Oct 12, 2000, other forming a gap therebetWeen large enough to accommo
IIOW Pat- NO- 6,502,567, Which is a date more than one paintball. At least tWo paintballs are
ContinuatiOn'in'PaI't of application N0~ 09/465,440, positioned in the gap betWeen the ?ns. A motor is con?gured
?led 011 DeC- 16, 1999, HOW Pat NO- 6,213,110 to rotate the paintball agitator. The container includes an exit
tube exiting from the bottom portion of the container and
(51) Int- Cl- leading to an inlet tube of the paintball gun. A microprocessor
F413 11/02 (2006-01) in communication With a sensor may also be provided for
(52) U-s- Cl- controlling the motor. A de?ector for de?ecting paintballs
.......................................... .. may also be provided, the de?ector movably attached to the
(58) Field of Classi?cation Search interior surface of the container.
USPC ................ .. l24/74i77, 48, 49, 51.1; 221/258
See application ?le for complete search history. 16 Claims, 9 Drawing Sheets
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 55 of 141 PageID #: 115

US 8,561,600 B2
Page 2

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FIG. 2
(PRIOR ART)
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FIG. 7
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1 2
PAINTBALL LOADER lost to alloW space for the ?ns. Thus, the paintball feed rate is
reduced for each rotation of the cone because of this lost
CROSS REFERENCE TO RELATED space.
APPLICATIONS It Would be a distinct advantage to have a drive cone Which
feeds the paintballs at a faster rate, While preventing jams of
This application is a continuation of US. patent applica partially fallen paintballs into the gaps located betWeen the
tion Ser. No. 12/040,119, ?led Feb. 29, 2008, now US. patent ?ns. It is an object of the present invention to provide such an
Ser. No. 8,061,342, Which issued on Nov. 22, 2011, Which is apparatus.
a continuation of US. patent application Ser. No. 11/522,708,
?led Sep. 18, 2006, noW abandoned, Which is a continuation SUMMARY
US. patent application Ser. No. 10/851,837, ?led May 21,
In one aspect, the present invention is a rapid feed paintball
2004, noW abandoned, Which is a continuation of US. patent
loader for use on a paintball gun. The paintball loader
application Ser. No. 09/949,440, ?led Sep. 7, 2001, now US. includes a container for holding a plurality of paintballs and a
Pat. No. 6,792,933, Which issued on Sep. 21, 2004, Which is drive cone rotatably mounted on a bottom portion of the
a continuation-in-part of a US. patent application Ser. No. container. At least one ?n is a?ixed to a top feed surface of the
09/689,573, ?led Oct. 12, 2000, now US. Pat. No. 6,502,567, drive cone. The ?n divides or separates the top feed surface
Which issued on J an. 7, 2003, Which is a continuation-in-part into at least a gap or section Which is preferably large enough
ofU.S. patent application Ser. No. 09/465,440, ?led Dec. 16, to accommodate more than one paintball. The loader also
1999, now US. Pat. No. 6,213,110, Whichissued on Apr. 10, 20 includes a motor that rotates the drive cone. In addition, an
2001, all of Which are incorporated by reference in their exit tube exits from the bottom portion of the container and
entireties as if fully set forth herein. leads to an inlet tube of the paintball gun. The motor actuates
upon demand.
FIELD OF INVENTION In another aspect, the present invention is a drive cone for
25 use on a paintball loader of a paintball gun having a container
This invention relates to paintball loaders, and more par for holding a plurality of paintballs and an exit tube located on
ticularly, to a paintball loader for feeding paintballs into a the container leading to the paintball gun. The drive cone
paintball gun. includes a drive cone rotatably mounted on a bottom portion
of the container and at least one ?n a?ixed to a top feed
BACKGROUND 30 surface of the drive cone. The ?n divides or separates the top
feed surface of the drive cone into at least one gap Which is
A popular War game has developed over the years, Which preferably large enough to accommodate more than one
uses paintball guns. Players use the paintball guns to shoot paintball. The drive cone receives paintballs from the con
paintballs. These paintballs are gelatin-covered spherical tainer and drives the paintballs from the gap into the exit tube.
capsules ?lled With paint. During play of the game, the play 35 In still another aspect, the present invention is a rapid feed
ers on each team advance toWards each other. A player is paintball loader for use on a paintball gun. The paintball
eliminated from the game When the player is hit by a paintball loader includes a container for holding a plurality of paint
?red from an opposing players gun. When the paintball hits balls and at least one ?n located at a bottom portion of the
a player, a splat of paint is left on the player. container. The ?n divides or separates the top feed surface
Typically, an existing paintball loader includes a housing 40 into at least one gap that is preferably large enough to accom
Which is placed on an upper portion of a paintball gun. The modate at least one paintball. The ?n rotates on an axis run
housing is shaped to hold a large quantity of paintballs. At the ning perpendicularly through the bottom portion of the con
bottom of the housing is an outlet tube through Which the tainer. The paintball loader also includes an exit tube exiting
paintballs drop by the force of gravity. The outlet tube leads to from the bottom portion of the container and leads to an inlet
an inlet tube located on the upper portion of the gun. 45 tube of the paintball gun. The exit tube has a sloped exit
During the operation of existing paintball loaders, paint portion. In addition, a tube extension is mounted on an inte
balls sequentially drop by gravity through the outlet tube into rior surface of the container adjacent to the sloped exit portion
the inlet tube of the gun. The inlet tube directs each paintball of the exit tube. The tube extension is mounted at a height
into the ?ring chamber of the gun, Where the paintball is Which is above the top feed surface of the ?n and has a radius
propelled outWardly from the gun by compressed air. 50 of curvature that is approximately equal to the radius of a
Co-pending US. patent application Ser. No. 09/1689,573 paintball. The paintball loader also may include a de?ector
(573), now US. Pat. No. 6,502,567, describes a paintball for de?ecting paintballs doWnWard into the gap or upWard to
feed system providing enhanced performance over existing pass over the tube extension. The de?ector is pivotably
paintball feed systems. Additionally, 573 discloses a paint mounted on the interior surface of the container adjacent to
ball loader Which reliably and forcibly delivers paintballs to a 55 the tube extension. The de?ector is mounted at a height Which
paintball gun at a rapid, selectable rate, While actively pre is above the top feed surface of the ?n and Which is beloW a
venting paintball jams. HoWever, paintball jams may still bottom portion of the tube extension. A motor rotates the
occur in the loader disclosed in 573. Speci?cally, the dis drive cone upon demand.
closed paintball loader utiliZes a plurality of ?ns spaced at
such a distance as to create gaps to accommodate a single 60 BRIEF DESCRIPTION OF THE DRAWINGS
paintball. Due to the close proximity of the ?ns, there is a
tendency for the paintballs to partially fall into a gap, Which The invention Will be better understood and its numerous
can result in a paintball jam. In addition, if a paintball breaks objects and advantages Will become more apparent to those
Within the paintball loader, because of the large amount of ?ns skilled in the art by reference to the folloWing draWings, in
and the small area of the gaps, cleaning the paintball loader 65 conjunction With the accompanying speci?cation, in Which:
can be di?icult. Since existing paintball loaders utiliZe several FIG. 1 is a side elevational vieW of a rapid feed paintball
?ns, space for Which paintballs could be accommodated is loader constructed in accordance With the teachings of the
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present invention and operatively attached to a representative exit tube 52 projects outWardly from a rim 64 of the loWer
paintball gun illustrated in phantom; portion 50 of the container Wall 44 at an approximately 45
FIG. 2 is a top vieW of a drive cone of a paintball loader; degree angle from theY-axis. In addition, an upper part of the
FIG. 3 is a top interior cutaway vieW of the paintball loader exit tube 52 extends toWards the interior area 46 to form a
illustrating an improved drive cone, the exit tube, and a plu paintball tube extension 72. A pivotable de?ector 66 extends
rality of paintballs in the preferred embodiment of the present inWardly toWards the vertical center axis from the rim 64. A
invention; paintball 68 is illustrated betWeen tWo ?ns 62.
FIG. 4 is a side vieW of the drive cone of FIG. 3 separated The drive cone 56 shoWn in FIG. 2 positions the plurality of
from the paintball loader in the preferred embodiment of the ?ns 62 in such a fashion that only one paintball 68 may ?t in
present invention; betWeen tWo ?ns 62. Since only one paintball may ?t in each
FIG. 5 is a top interior cutaWay vieW of the paintball loader gap, there is an increased possibility that a paintball may only
illustrating the improved drive cone, the exit tube, a plurality partially fall into the gap. By merely falling partially into the
of paintballs, and an outer shell of the paintball loader in the
gap, the paintball may cause a jam. Additionally, since there
preferred embodiment of the present invention;
are several ?ns 62 located on the drive cone 56, the space used
FIG. 6 illustrates a top perspective vieW of the drive cone of
FIG. 4; for accommodating paintballs 68 is reduced by the number of
FIG. 7 illustrates a separate drive cone having three ?ns in ?ns 62. Also, When a paintball breaks Within the paintball
a ?rst alternate embodiment of the present invention; loader 40, since there are so many ?ns 62, and the gaps
FIG. 8 illustrates a drive cone having four ?ns in a second betWeen the ?ns 62 are relatively small, cleaning the residue
alternate embodiment of the present invention; and 20 of the broken paintball may be very dif?cult.
FIG. 9 illustrates a separate drive cone having ?ve ?ns in a FIG. 3 is a top interior cutaWay vieW of the paintball loader
third alternate embodiment of the present invention. 40 illustrating an improved cone 99, the exit tube 52, and a
plurality of paintballs 68 in the preferred embodiment of the
DETAILED DESCRIPTION OF THE PREFERRED present invention. The container Wall 44 is curved and
EMBODIMENTS 25 extends upWards to form the upper portion 48 (not shoWn in
FIG. 3). The interior area 46, formed by the container Wall 44,
A drive cone for use in a paintball loader 40 for rapidly stores a plurality of paintballs 68 prior to being used by the
delivering paintballs While preventing paintball jams is dis paintball gun 20. Although a circular shape is illustrated in the
closed. FIG. 1 is a side elevational vieW of a rapid feed top vieW of FIG. 3, the container 42 may be any siZe and shape
paintball loader 40 constructed in accordance With the teach 30
Whichpermits the paintballs 68 to drop toWards the drive cone
ings of the present invention and operatively attached to a 99.
representative paintball gun 20 illustrated in phantom. The FIG. 4 is a side vieW ofthe drive cone 99 of FIG. 3 sepa
paintball gun 20 includes a main body 22, a compressed gas
rated from the paintball loader 40 in the preferred embodi
cylinder 24, a front handgrip 26, a barrel 28, and a rear
handgrip 30. The paintball gun 20 also includes an inlet tube 35
ment of the present invention. In the preferred embodiment of
32 leading to a ?ring chamber in the interior of the main body the present invention, the drive cone 99 includes tWo ?ns 101
22 and a trigger 34. The front handgrip 26 projects doWn and 103. FIG. 5 is a top interior cutaWay vieW of the paintball
Wardly from the barrel 28 and provides an area for gripping by loader 40 illustrating the improved drive cone 99, the exit tube
an operator of the paintball gun 20. The compressed gas 52, a plurality of paintballs 68, and an outer shell 105 of the
cylinder 24 is typically secured to a rear portion of the paint 40 paintball loader 40 in the preferred embodiment of the present
ball gun 20. The compressed gas cylinder 24 normally con invention. FIG. 6 illustrates a top perspective vieW of the drive
tains CO2, although any compressible gas may be used. cone 99 of FIG. 4.
In operating the paintball gun 20, the trigger 34 is Referring to FIGS. 3-6, the drive cone 99 includes a coni
squeezed, thereby actuating the compressed gas cylinder 24 cally-shaped interior area 61. The tWo ?ns originate at an
to release bursts of compressed gas. The bursts of gas are used 45 outer circumference of the interior area 61 and project out
to eject paintballs 68 outWardly through the barrel 28. The Wardly toWards the rim 64 of the container Wall 44. BetWeen
paintballs 68 are continually fed by the paintball loader 40 each ?n is an enlarged gap 107 Which may accommodate a
through the inlet tube 32 to the ?ring chamber. Although FIG. plurality of paintballs 68 (as illustrated, ?ve paintballs 68 may
1 depicts an automatic paintball gun 20, the paintball gun 20 be positioned betWeen each gap 107). HoWever, the drive
may also be a semi-automatic gun. 50 cone 99 may be siZed to accommodate any amount of paint
The rapid feed paintball loader 40 includes a paintball balls 68.
container 42 having a container Wall 44 forming an interior A feed surface 109 of the drive cone 99, Which is the feed
area 46. The container 42 is divided into an upper portion 48 surface 109 betWeen the ?ns 101 and 103 Where the paintball
and a loWer portion 50. An exit tube 52 leads from the bottom 68 rests, is sloped doWnWardly at an angle of (I) (approxi
portion of the container 42 to an outlet opening 54. The exit 55 mately 45 degrees in the preferred embodiment). The surface
tube 52 is positioned on top of the inlet tube 32 of the paintball is preferably sloped at any angle Which matches the slope of
gun 20. the exit tube 52 and alloWs paintballs 68 to feed into the exit
FIG. 2 is a top vieW of the loWer portion 50 of a rapid feed tube 52. HoWever, any slope angle may be utiliZed by the feed
paintball loader 40 shoWing a drive cone 56 of a paintball surface 109. The exit tube 52 is a circular tube With an inside
loader 40. Mounted along a vertical center axis 58, located in 60 diameter slightly larger than a conventional paintball. The
the approximate center of the interior area 46, is the drive exit tube 52 leads from an entry opening 74 to the outlet
cone 56 having a conically-shaped interior surface area 60 opening 54 Which engages With the inlet tube 32 of the paint
With a plurality of ?ns 62 projecting upWardly from the top ball gun 20. The exit tube 52 includes a sloped exit portion 76
surface of the drive cone 56 and spiraling outWardly from an and a vertical outlet portion 78. In the preferred embodiment
outer circumference of the interior area 46. The drive cone 56 65 of the present invention, the sloped exit portion of the exit
is rotatably attached to a bottom portion of the paintball tube 52 is sloped doWnWardly at an angle of approximately (I)
container 42, alloWing rotation about the center axis 58. The Which is the same slope as the top feed surface 109 of the drive
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cone 99. The pivotable de?ector 66 is positioned above the the paintball in the exit tube 52 and shuts off the motor 70.
top portion of the ?ns 101 and 103 and below the tube exten Thus, When the exit tube 52 ?lls up With paintballs, the motor
sion 72. 70 is automatically turned off. Then as paintballs 68 vacate
A tube extension (shoWn in FIG. 2) is preferably located at the exit tube 52, the motor actuator does not detect a paintball
the entry opening 74. The tube extension is an extension of the and engages the motor 70 and rotates the drive cone 99. In this
exit tube 52. The tube extension extends toWards a center axis Way, the exit tube 52 is alWays kept full of paintballs, ready for
59, While maintaining a clearance above the ?ns 101 and 103. use When demanded by the paintball gun 20.
The paintball tube extension is formed as a scoop Which has Although an electro-mechanical sWitch has been described
an interior radius of curvature approximately equal to the to detect the presence of paintballs 68 in the exit tube 52, it
curvature of a paintball. The top of the scoop is positioned so should be understood that other devices may also be utiliZed
that it partially covers a paintball that is pushed into position to detect the paintballs 68 (e.g., infrared sensors, contact pads,
by the ?ns 101, 103 at the entry opening 74 of the exit tube 52. optical sensors, etc.) Without departing from the scope of the
In this manner, the sloped surface of the drive cone 99, the ?ns present invention. In the preferred embodiment, a re?ective
101, 103, the angled orientation (approximately 45 degrees) infrared (IR) optical sensor 83 may be utiliZed.
of the exit tube 52, and the tube extension all equate to The pivotable de?ector 66 may optionally be used to pro
forcibly drive the paintball into the exit tube 52. vide an additional, active device to prevent the jamming of
The drive cone 99 is rotated around the center axis 59 by a paintballs 68 Within the paintball loader. In existing paintball
drive motor 70 (shoWn in FIG. 1). Additionally, the pivotable loaders, a paintball may be lodged betWeen the tube extension
de?ector 66 may be installed Within the loader 40. The piv or entry opening 74 of the exit tube 52 and one of the ?ns 101,
otable de?ector 66 is attached to the rim 64 at pivot point 86, 20 103 or agitators driving the paintball toWards the exit tube
alloWing the de?ector to rotatably move as indicated in FIG. 52, causing the loader to jam and stopping the rotation of the
3. drive cone 99. To prevent the paintball from lodging betWeen
Referring to FIGS. 1, and 3-6, the operation of the rapid the tube extension (or extension of the exit tube 52 in existing
feed paintball loader 40 having the improved drive cone 99 loaders) and a ?n (or agitator in existing loaders), the pivot
Will noW be explained. The rapid feed paintball loader 40 is 25 able de?ector 66 forces the paintball to either fall into one of
positioned on the top of the paintball gun 20. The loader 40 is the gaps betWeen the ?ns 101, 103 or to rise upWardly aWay
connected to the gun 20 by attaching the exit tube 52, at the from the tube extension. In addition, the de?ector pivots aWay
outlet opening 54, to the inlet tube 32 With an attaching device from the paintball, thus preventing the paintball from lodging
such as a clamp (not shoWn). betWeen the ?n and the de?ector. The de?ector, although
When an operator of the paintball gun 20 Wishes to shoot 30 depicted With the paintball loader 40 illustrated in FIGS. 1-5,
paintballs, the trigger 34 is squeezed, Which actuates the may be utiliZed on any active feed paintball loader to prevent
compressed gas cylinder 24. The compressed gas cylinder 24 the inadvertent lodging of paintballs 68 betWeen a ?n (or
releases bursts of compressed gas Which are used to eject other agitating device) and the entry of the exit tube 52.
paintballs 68 through the barrel 28. A plurality of paintballs The improved drive cone 99 provides many advantages
68 is stored in the paintball container 42 and pass doWn the 35 over existing drive cones. First of all, by enlarging the gaps to
exit tube 52 for use by the paintball gun 20 When demanded by alloW the accommodation of more paintballs, more paintballs
the operator. 68 are fed into the entry opening 74 for each rotation of the
The plurality of paintballs 68 located in the container 42 drive cone 99. By feeding the paintballs 68 at a greater rate per
rest on top of the drive cone 99. The bottom-most paintballs rotation of the drive cone 99, the drive cone 99 enables the
68 drop into either of the tWo enlarged gaps 107. The drive 40 paintball loader 40 to feed the paintball gun 20 at a faster rate
cone 99 is rotated by the drive motor 70, forcing the paintballs than existing drive cones. In addition, in existing paintball
68 outWard and doWnWard from the center axis 59 and for drive cones, the gaps betWeen the ?ns 101, 103 only alloW the
Ward toWard the tube extension. The pivotable de?ector 66 accommodation of a single paintball. This reduced area in
helps prevent jams by causing paintballs 68 to either fall into existing drive cones results in an increased likelihood that the
one of the gaps betWeen the ?ns 101, 103 or to rise above the 45 paintball may only partially fall into the smaller gap. When
tube extension. The paintball 68 is forced into the entry open the paintball can only fall partially into the smaller gap of the
ing 74 of the exit tube 52 by the tube extension. In addition, existing drive cones, a jam results betWeen the paintball and
since the drive cone 99 is doWnWardly sloped toWard the exit ?n. With the improved drive cone 99, the paintball has a large
tube 52, the paintball falls doWnWardly, With the assistance of area for Which the paintball may fall into. This results in less
gravity, and outWardly toWards the rim 64. 50 partial drops of the paintballs 68 into the gaps, Which
After the paintball enters the entry opening, the next paint decreases or eliminate any jams Which may occur.
ball located adjacent the ?rst paintball Within the gap 107 is The improved drive also alloWs for easy cleanup of the
sequentially grasped by the tube extension and driven into the interior of the paintball loader 40 When paintballs 68 break
entry opening 74 behind the ?rst paintball. Additional paint Within the loader 40. In addition, the improved drive cone 99
balls 68 located in the container 42, are draWn doWnWardly 55 alloWs for manual feeding of the paintball When the feed
and outWardly by gravity and ?ll the vacated gaps. Position system of the paintball loader malfunctions. For example,
ing the ?ns 101, 103 on the outer circumference of the interior When a motor 70 fails on the paintball loader 40, a paintball
dome-shaped area 77 prevents paintballs 68 from being gun 20 operator need only shake the gun 20 to move the
lodged in the upper portions of the gaps. paintballs 68 into the gun 20.
Once the paintball 68 enters the entry opening 74, it passes 60 The improved drive cone 99 only requires one ?n 101.
through the sloped exit portion to a vertical outlet portion of HoWever, in alternate embodiments of the present invention,
the exit tube 52. As the paintball passes through the exit tube the drive cone 99 may have more than one ?n. FIG. 7 illus
52, the paintball may actuate an optional electro-mechanical trates a separate drive cone 199 having three ?ns 201,203, and
motor actuator sWitch/sensor 83 (shoWn in FIG. 3). As shoWn 205 in a ?rst alternate embodiment of the present invention.
in FIG. 3, the motor actuator sWitch 83 may be utiliZed to 65 FIG. 8 illustrates a drive cone 299 having four ?ns 301, 303,
detect the paintball passing through the exit tube 52. When the 305, and 307 in a second alternate embodiment of the present
paintball 68 enters the exit tube 52, the motor actuator detects invention. FIG. 9 illustrates a separate drive cone 399 having
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?ve ?ns 401, 403, 405, 407, and 409 in a third alternate 2. The rapid feed paintball loader of claim 1, Wherein the
embodiment of the present invention. It should be understood sensor is an electro-mechanical sensor.
that the drive cone may have any number of ?ns Which alloWs 3. The rapid feed paintball loader of claim 1, Wherein the
the accommodation of more than one paintball Within each exit tube includes a sloped exit portion.
formed gap. In addition, the drive cone may be used on a Wide 4. The rapid feed paintball loader of claim 1, Wherein the
variety of paintball loaders. paintball agitator includes a conically-shaped interior area.
In the preferred embodiment of the present invention, the 5. The rapid feed paintball loader of claim 4, Wherein the
paintball loader 40 may include a microprocessor 82 (FIG. 1) paintball agitator includes a generally vertical circumferen
to enhance the performance of the loader 40 as Well as pro tial Wall and Wherein the ?ns extend from the generally ver
viding useful information to a paintball gun 20 operator (not tical circumferential Wall.
shoWn). The microprocessor 82 also deactivates the drive 6. The rapid feed paintball loader of claim 1, Wherein at
motor 70 When the exit tube 52 is full. The microprocessor 82
least one of the ?ns moves a paintball located Within the
is attached to or in communication With the motor actuator
sWitch 83 (FIG. 3) and is attached to or in communication interior toWard the exit tube.
With the motor 70 (FIG. 1). When the motor actuator sWitch 7. The rapid feed paintball loader of claim 1, further com
83 detects the presence of a paintball at the top of the exit tube prising an extension positioned adjacent an opening of the
52, the motor actuator sWitch 83 sends a signal to the micro exit tube con?gured to contact a paintball and to assist the
processor 82. In turn, the microprocessor 82 sends a signal to paintball agitator in driving the paintball into the exit tube.
disengage the motor 70. When the motor actuator sWitch 83 8. The rapid feed paintball loader of claim 1, Wherein the
does not detect any paintballs 68 Within the exit tube 52, the 20 sensor is con?gured to detect torque on the motor, and
motor actuator sWitch 83 signals the microprocessor 82 that Wherein the microprocessor controls the motor in response to
the exit tube 52 is empty. The microprocessor 82 can then the detection of torque.
signal the motor 70 to engage and rotate the drive cone, 9. A paintball gun and paintball loader for loading paint
providing additional paintballs 68 to the paintball gun 20. balls comprising:
In the preferred embodiment, the microprocessor 82 may 25 a paintball gun comprising an inlet tube con?gured to
also be used to monitor jams Within the paintball loader. If receive paintballs from a paintball loader; and
paintballs jam Within the paintball loader, the drive motor a paintball loader comprising:
experiences additional resistance in rotating the drive cone. a container for holding a plurality of paintballs having an
This produces increased torque on the motor and a rise in
electrical current. This rise is detected by a motor controller 30
interior;
a paintball agitator rotatably mounted in the container,
Which may be, for example, the microprocessor 82. Upon the paintball agitator having a raised central portion
detection of the rise in electrical current, the microprocessor With at least one surface sloping doWnWardly and
immediately stops the motor to prevent jamming of a paint
ball Within the exit tube. The microprocessor automatically outWardly from the central portion, the paintball agi
commands the motor to start up after the jam clears. The 35
tator con?gured to rotate about an axis;
microprocessor may be attached to the motor 70 or in any the paintball agitator comprising at least tWo ?ns extend
position Which alloWs communication With the motor. ing outWardly from the paintball agitator, the ?ns
It is thus believed that the operation and construction of the spaced apart from each other forming a gap therebe
present invention Will be apparent from the foregoing tWeen large enough to accommodate more than one
description. While the apparatus shoWn and described has 40 paintball;
been characteriZed as being preferred, it Will be readily appar at least tWo paintballs positioned in the gap betWeen the
ent that various changes and modi?cations could be made ?ns;
therein Without departing from the scope of the invention as a motor con?gured to rotate the paintball agitator;
de?ned in the folloWing claims. an exit tube in communication With the interior of the
45 container and con?gured to lead to the inlet tube of the
What is claimed is: paintball gun;
1. A paintball loader for loading paintballs and for use on a a microprocessor for controlling operation of the motor;
paintball gun comprising: and
a container for holding a plurality of paintballs having an a sensor in communication With the microprocessor.
interior; 10. The rapid feed paintball loader of claim 9, Wherein the
a paintball agitator rotatably mounted in the container, the sensor is an electro-mechanical sensor.
paintball agitator having a raised central portion With at 11. The rapid feed paintball loader of claim 9, Wherein the
least one surface sloping doWnWardly and outWardly exit tube includes a sloped exit portion.
from the central portion, the paintball agitator con?g
ured to rotate about an axis; 55
12. The rapid feed paintball loader of claim 9, Wherein the
the paintball agitator comprising at least tWo ?ns extending paintball agitator includes a conically-shaped interior area.
outWardly from the paintball agitator, the ?ns spaced 13. The rapid feed paintball loader of claim 12, Wherein the
apart from each other forming a gap therebetWeen large paintball agitator includes a generally vertical circumferen
enough to accommodate more than one paintball; tial Wall and Wherein the ?ns extend from the generally ver
at least tWo paintballs positioned in the gap betWeen the 60 tical circumferential Wall.
?ns; 14. The rapid feed paintball loader of claim 9, Wherein at
a motor con?gured to rotate the paintball agitator; least one of the ?ns moves a paintball located Within the
an exit tube in communication With the interior of the interior toWard the exit tube.
container; 15. The rapid feed paintball loader of claim 9, further
a microprocessor for controlling operation of the motor; 65 comprising an extension positioned adjacent an opening of
and the exit tube con?gured to contact a paintball and to assist the
a sensor in communication With the microprocessor. paintball agitator in driving the paintball into the exit tube.
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16. The rapid feed paintball loader of claim 9, wherein the
sensor is con?gured to detect torque on the motor, and
Wherein the microprocessor controls the motor in response to
the detection of torque.
* * * * *
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USOOD703388S

(12) Stevens
Unitedet al.States Design Patent (10) Patent No.: USD703,388 S
(45) Date of Patent: Apr. 22, 2014
(54) PROTECTIVE MASK 4,617,686 A 10, 1986 Nahas
5,018,223. A 5/1991 Dawson et al.
(75) Inventors: Simon Benjamin Stevens, Sewell, NJ 5,148,550 A 9/1992 Hodgkinson et al.
5,365,615 A 11/1994 Piszkin
(US); Bryan Stowe, Sewell, NJ (US) 5,642,530 A 7, 1997 Parks
5,657,493 A 8, 1997 Ferrero et al.
(73) Assignee: KEE Action Sports I LLC, Sewell, NJ 5,666,671 A 9, 1997 Daneshvar
(US) 5,689,834 A 11, 1997 Wilson
5,809,580 A 9, 1998 Arnette
(**) Term: 14 Years D407,858 S 4/1999 Cyr et al.
5,911.308 A 6/1999 Chafitz et al.
6,094,751 A 8, 2000 Parks
(21) Appl. No.: 29/370,432 6,138,285 A 10/2000 Robrahn et al.
6,149.268 A 11/2000 Hall et al.
(22) Filed: Jun. 14, 2010 6,321,391 B1 1 1/2001 Basso
6,363,528 B1 4/2002 Cyr
Related U.S. Application Data (Continued)
(60) Continuation of application No. 29/327,424, filed on OTHER PUBLICATIONS
Nov. 5, 2008, now abandoned, which is a division of
application No. 29/253,707, filed on Feb. 10, 2006, Vforce, Mask Care and Use Instructions, in 29253707.
now Pat. No. Des. 589,211. (Continued)
(51) LOC (10) Cl. ................................................ 29-O2
(52) U.S. C. Primary Examiner Ruth McInroy
USPC ......................................................... D29/110 (74) Attorney, Agent, or Firm Volpe and Koenig, P.C.
(58) Field of Classification Search
(57) CLAM
USPC ............. D29/102-107, 122: 2/421, 423-425,
2/6.3, 6.5-6.7, 411, 413, 414, 5, 427, The ornamental design for a protective mask, as shown and
described.
2/428, 9, 173,206, 209.13, 205,909,
2/417,410, 430 431 DESCRIPTION
See application file for complete search history.
FIG. 1 is a front and left-side perspective view of a protective
(56) References Cited
mask showing our new design;
U.S. PATENT DOCUMENTS FIG. 2 is a front elevational view thereof
FIG. 3 is a right side elevational view thereof, the left side
3,259,908 A 7/1966 Simpson et al. being a mirror image;
3,783,452 A 1/1974 Benson et al. FIG. 4 is a top plan view thereof; and,
3,789,428 A 2f1974 Martin FIG. 5 is a bottom plan view thereof.
4,150,443 A 4/1979 McNeilly All broken-lines appearing in the drawings form no part of the
4,317,240 A 3/1982 Angerman et al.
D277,520 S 2/1985 Gregory claimed design.
D284,327 S 6/1986 Gregory et al.
D285,381 S 9, 1986 Dawson et al. 1 Claim, 4 Drawing Sheets
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USD703,388 S
Page 2

(56) References Cited D558,403 S * 12/2007 Lee et al. ..................... D29, 108
D570,551 S * 6/2008 Broersma ... D29, 108
U.S. PATENT DOCUMENTS D570,552 S * 6/2008 Broersma ... D29,110
D571,050 S * 6/2008 Broersma et al. ............ D29, 108
6,381,749 B1 5/2002 Cyr D589,211 S * 3/2009 Stevens et al. ............... D29,110
D459,837 S 7/2002 Dupuis D601,308 S * 9/2009 Broersma ....... ... D29,122
6.425,143 B1 7/2002 Benedict et al. D641,934 S * 7/2011 Anderson et al. ... D29,110
6,560,788 B1 5, 2003 Beltrani 8,011,026 B2 * 9/2011 Stevens ............................. 2/427
6,644,308 B2 11/2003 Kalhok et al. D654,633 S * 2/2012 Anderson .................... D29, 108
D487,534 S 3/2004 Broersma 2003.0167558 A1 9, 2003 Broersma
D497,039 S * 10/2004 Dehaan et al. ............... D29, 108 2003/0223032 Al 12/2003 Gagnon et al.
D497,223 S 10, 2004 Kalhok 2004.0049825 A1 3/2004 DeHaan et al.
6,875,169 B2 4/2005 Berci et al. 2004/0103469 A1 6/2004 Hussey
6,886,183 B2 5/2005 Dehaan et al. 2004/011 1779 A1 6/2004 Gagnon et al.
6,898,366 B2 5, 2005 Rice et al. 2004/O139532 A1 7, 2004 Parks
6,948,813 B2 9, 2005 Parks 2005. O150028 A1 7/2005 Broersma
6,957.447 B1 10/2005 Broersma 2005/0204446 A1 9/2005 Wright
7,003,802 B2 ck 2/2006 Broersma 388-36 A 358 none a
agnon et al.
E. s ck 23. Sight et al. ................... D29,
Cl ....
108
D29, 108
2007/0050896 A1 3/2007 Stevens ............................. 2/427
ck 2007,0186324 A1 8, 2007 Sheldon et al.
D522,697 S * 6/2006 Chen ............................ D29, 108 2012,0060266 A1* 3, 2012 Stevens 2/427
D526,094 S 8, 2006 Che -v - vvvv-v - - - - - - -r
D529,234 S * 9/2006 Broersma .................... D29, 108 OTHER PUBLICATIONS
D529,662 S * 10/2006 Broersma .................... D29,110
D536,833 S 2/2007 Broersma Vforce, Mask Manual, in 2925370712.
D555,290 S 11/2007 Wright et al. ................ D29, 108
D555,837 S 1 1/2007 Chen ............................ D29,110 * cited by examiner
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 96 of 141 PageID #: 156

U.S. Patent Apr. 22, 2014 Sheet 1 of 4 USD703,388 S

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w 1.
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 97 of 141 PageID #: 157

U.S. Patent Apr. 22, 2014 Sheet 2 of 4 USD703,388 S

)
(Z,

FIG.2
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U.S. Patent Apr. 22, 2014 Sheet 3 of 4 USD703,388 S

FIG.3
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 99 of 141 PageID #: 159

U.S. Patent Apr. 22, 2014 Sheet 4 of 4 USD703,388 S

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3.

FIG.4

FIG.5
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BUILT TO WIN PAINTBALL LOADER

SPIRE III MANUAL


SPIRE
Case III SETUP Document 1-1 Filed 11/03/17 Page 129 of 141 PageID #: 189
1:17-cv-01583-UNA

Thank you for purchasing the Virtue Spire III paintball loader. This manual covers all aspects of your Spire
III loader. It is recommended you read the whole manual as it contains important product and safety informa-
tion.

QUICK SETUP // SPEC //


To start using the Spire III immediately install 3 AA batteries. The LED LENGTH: 9.5
indicator shows the following information during normal operation.
WIDTH: 4
BLUE, loaded and ready.
RED, not loaded, add paintballs. HEIGHT: 3.9
YELLOW during startup, low battery.
When your Spire III starts with low batteries, it will automatically enter the power WEIGHT: 16oz
save mode until fresh batteries are installed. Power save mode prolongs battery
life by shutting down Reload Indicator and LEDs. The LED will occasionally CAPACITY: 230 balls
flash green to let you know it's on.
GREEN blinking once every 2.5 seconds is in power save mode. BATTERIES: 3 x AA

It is recommended to download the Spire III App from the WARNINGS \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\

Google Play Store or Apple App Store and download the latest
firmware settings to your Spire III. Many exciting features will * Always wear eye protection specifically designed for paintball.

be added to the App in the future. * Persons under 18 years of age should have adult supervision
when using this product.

* Only use projectiles designed for the sport of paintball such as


paintballs or Reballs.

* Misuse of paintball equipment can cause serious injury or death.

SEE PROGRAMMING SECTION FOR ADDITIONAL SETTINGS


MANUAL // PAGE 1
BATTERIES
Case + OPERATION
1:17-cv-01583-UNA
Document 1-1 Filed 11/03/17 Page 130 of 141 PageID #: 190

BATTERY INSTALLATION //
The Spire III uses 3 AA batteries. To install them follow these steps:

1 Open top shell by pressing unlock button on the back


2 Remove Spire tray from shell by pinching the tray release tab between your thumb and forefinger
and pulling the tray up.
3 Open Velcro strip covering the battery slots and insert 3 AA sized batteries. Follow the markings
on the bottom of the battery holder for correct polarity alignment. Tighten Velcro over the batteries
to ensure they dont come loose during playing. Use high quality alkaline or lithium ion
batteries. Using rechargeable batteries is not recommended and will cause performance issues.
4 Insert Spire tray back into the loader and push down until black lock clicks into locked position.
5 Close top shell by pushing it down until it locks in place.

SOUND //
By default, the Spire III is muted. To turn on the speaker, with the Spire on, simply hold in the Force Feed
button for 2 seconds. The Spire will beep the number of times the Reload Indicator Alarm is set to confirm you
have turned on the Speaker. To mute the speaker, follow the same procedure and hold in the Force Feed
button. The Spire III will remember your setting next time you turn on the Spire.

MANUAL // PAGE 2
OPERATION
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BASICS //
The Spire III uses an enhanced G-force sensor that detects the small recoil that occurs when shooting a paint-
ball marker. The Spire III G-force sensor is isolated and mounted in a silicone anti-vibration housing to allow
the sensor to perform better than on previous Spire loaders. During normal operation the Spire III spins Spire
Drive forward until the stack is full. When the stack is full, software detects the increase in Drive Pressure
through the motor and then stops. When a shot is fired the G-force sensor detects the shot and the Spire Drive
is rotated forward until the stack is full again. The faster the gun is fired the faster the Spire Drive is rotated.
When the Spire III is out of paint it will keep a slow rotation that saves battery life, minimizes balls bouncing
inside the loader, and most importantly ensures balls loaded in will be fed all the way to the marker.

BATTERIES + LOW BATTERY INDICATOR //


The Spire III functions on 3 AA type batteries. For maximum feed and to prevent feeding or performance prob-
lems, please use fresh high quality batteries. It is recommended to use either alkaline or lithium ion type
batteries. Do not use rechargeable batteries or cheap batteries like what may come with a TV remote control.
These types of batteries are not suited for driving a motor. Do not use 9V batteries and do not exceed 5.5V
input voltage. Always recycle used batteries according to the manufacturers instructions.

There is a built in Low Battery Indicator (LBI) on the Spire III. When turning on the Spire III with good batteries
the LEDs will turn to either red or blue depending if you have paint inside the loader or not. If the batteries are
low you will hear 3 short beeps and LED will stay solid yellow for 3 seconds. When the loader is in LBI mode,
the LEDs automatically shut off tp conserve power and maximize performance. They will occasionally blink
yellow to warn you need to replace the battery. At this point you should change your batteries. Because not
all batteries put out a consistent voltage, sometimes your batteries may need to be replaced without the Low
Battery Indicator going off.

MANUAL // PAGE 3

Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 132 of 141 PageID #: 192

BATTERY LIFE //
The life of batteries varies very much depending on the type of batteries used, temperature, environmental
conditions, firing rate of the marker and the time used to fire the shots. As a general rule of thumb 1 set of
batteries should last about 20,000 shots or 1 year.

ELECTRONIC FORCE FEED / PROGRAMMING / MUTE BUTTON //


The button on bottom of Spire III serves several functions. When the Spire III is on, it serves as an electronic
force feed button. Pressing the button causes the loader to feed forward.

When you hold the Force Feed button in for 2 seconds, it unmutes or mutes the speaker. The Spire III is
muted by default and remembers your previously saved setting.

The Force Feed button also allows you to enter the Spire III Programming Menu by holding this button in when
you turn the Spire on, then releasing it after the Spire starts up.

REBALLS //
The Spire III was designed to be very reliable and easy on paintballs. This allows it to function with Reballs
or similar projectiles. Making sure the Reballs used are clean before loading them into the Spire III will
improve reliability.

If you are using Reballs, you should turn of the Auto Mode in the Yellow Drive Pressure setting. Set the
Yellow setting to a value of 3 or higher. Due to the very high friction of Reballs the feed rate will be lower,
wear on internal parts will increase, and battery consumption will be higher.

MANUAL // PAGE 4
DISASSEMBLY
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OPENING SHELL //
To open the Spire III shell simply press the lock button on the back of
the Spire III. The top shell is spring loaded and will automatically lift
up to the open position. To close just press down until there is a click
sound.

REMOVE + INSTALL SPIRE TRAY //


Open the top shell first. Then locate the Tray Release Tab on the back
the Spire tray. Push forward as indicated by the arrow on the lock and
then pull the body tray up and out of the shell. To reinstall first align
the front of the body tray under the front support inside the front of the
loader. Then push down on the tray until it securely locks in place.

REMOVING LID + INSTALLING SPEED FEED //


The lid of the Spire III is installed using a quick mount system. To
remove the lid open it to its open position. Using your finger press in
the lock tab on the inside of the lid while pulling the lid out with your
other hand. The lid will slide out. To install another lid, speed feed or
another accessory simply push it in to the slot until its locked in place.

REMOVE + INSTALL SPIRE DRIVE //


To remove the Spire Drive from the loader first open the Shell and
remove the Spire tray. After that pull the Spire Drive straight up. It will
come loose and you will be able to pull it away from the body. To
re-install the Spire Drive, align one of the arms into the ball tray and
rotate the Spire Drive a little. A magnetic lock will pull the Spire Drive
in place and lock it automatically.
MANUAL // PAGE 5
RACEWAY
Case DISASSEMBL
1:17-cv-01583-UNA Y //
Document 1-1 Filed 11/03/17 Page 134 of 141 PageID #: 194
The Spire III Raceway can be detached by unplugging the wiring
harness from the motor and pressing the Raceway Removal Tab on
the bottom of the tray then slide the Raceway and motor assembly
down and out. To reinstall the Raceway, slide the back of the Race-
way into the two slots first and then snap the Raceway Release tab
back into place. Take care to Make sure the wiring harness is not
pinched.

PCB ELECTRONICS PACKAGE REMOVAL //


The PCB electronics package can be removed after unplugging the
motor and removing the Raceway. At the front of the tray gently bend
each corner of the front tray PCB tabs away from the PCB and
remove the PCB package. To reinstall the PCB slide the back of the
PCB into the tray and then flex the front tray tabs around each side of
the front of the PCB.

There is no particular maintenance needed for the Spire III. Keeping it clean and using fresh batteries is all that is required.
+ MAINTENANCE
CLEANING

If you leave the Spire III unused for more than 6 months it is suggested to remove the batteries to avoid damage due to a
possible leaking battery.

For normal cleaning of the Spire III, remove the Spire tray and set it aside. The shell can be washed under the sink using
warm water and mild detergent. Do not use a dishwasher, boiling water or other strong chemicals as this can weaken the
plastic. Remove the Spire III Drive from the tray and wash it like the shell.
Remove and clean the Raceway by hand. Generally, it's ok if the Raceway and motor assembly gets wet, but do not
submerge it in water to prolong the life components.

The PCB Electronics Package can also be removed and cleaned by hand. Do not submerge the PCB in water. Clean the
paint off the PCB using a cotton swab or paper towel. All of the electronics are conformal coated for weather and paint
resistance, however prolonged exposure to paint will eventually corrode away the coating and damage the electrical
components.

MANUAL // PAGE 6
PROGRAMMING
Case 1:17-cv-01583-UNA SETTINGS
Document 1-1 Filed 11/03/17 Page 135 of 141 PageID #: 195

The programming menu can be accessed by turning the Spire III ON while holding in the Force
Feed/Programming button on the bottom of Spire III and then releasing the Programming button. The LED will
cycle through a rainbow of colors. The LED will stop on purple indicating you are now in the first programming
setting.

Tapping the Programming button will toggle through the different programming settings. When the LED is lit
for the setting you wish to adjust press and hold the Programming button until the LED begins to flash, and
then let go. The LED will flash the number of times you want the new value to be set to. After you have set the
new value, the LED will flash the number of times you have entered and then flash the rainbow of colors,
returning to the color you have adjusted indicating that the new value has been saved. To exit the program-
ming mode turn the Spire III off by pressing the on/off button.

RELOAD INDICATOR ALARM // PURPLE VALUES 1-4 / Default 2

This setting allows you to adjust the speaker alarm for the Reload Indicator. Regardless of what this is setting
is set to, the Reload Alarm is muted by default. To turn on or to mute the speaker, while the Spire is on, simply
hold in the Force Feed button for 2 seconds. The Spire will beep the number of times the Reload Indicator
Alarm is set to confirm you have turned on the Speaker. The Spire III will remember your setting next time you
turn on the Spire.

Setting 1 is OFF. The Spire III will not beep when the Reload Indicator activates.
Setting 2 is ON and will beep quickly beep 2 times when the Reload Indicator activates.
Setting 3 is ON and will beep quickly beep 3 times when the Reload Indicator activates.
Setting 4 is ON and will beep quickly beep 4 times when the Reload Indicator activates.

MANUAL // PAGE 7

Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 136 of 141 PageID #: 196

HEADS-UP
RELOAD INDICATOR LED ACTIVATION // TEAL VALUES 1-3 / Default 1

When the Spire III Smart Ramp goes up, the Spire III Heads-Up Reload Indicator LEDs on both sides of the
Spire will change their color to Indicate when it's time to reload. Use this setting in conjunction with the Reload
Indicator Alarm to fine tune how you want the Spire III to warn you to reload based on your style of play.
The LEDs are positioned so they are not distracting while shooting, but just out of line of sight so you can see
it with a quick movement of your head. When Reload Indicator is activated the LED colors are:

RED if the Reload Indicator is activated: time to reload.


BLUE if the Reload Indicator is not activated: your hopper is full.
Setting 1: Reload Indicator LEDs activate immediately after the Smart Spring Ramp goes up.
Setting 2: Reload Indicator LEDs activate after the Smart Ramp goes up and the motor spins 5 times
Setting 3: Reload Indicator LEDs activate after the Smart Spring Ramp goes up and motor spins 10
times.

G-FORCE SENSITIVITY // RED VALUES 1-7 / Default 4

This setting allows you to adjust the sensitivity of the G-force sensor. Setting 1 is the least sensitive and
setting 7 is the most sensitive.

Do not adjust this setting unless there is problem with your Spire III, and you have already removed and
cleaned the Spire Drive and are sure you have good batteries. Generally, you do not need to adjust this
setting at all unless there is a problem.

If the Spire III is spinning too much causing pop-corning, you can lower the sensitivity. Please note, too high
of a sensitivity can cause unwanted pop-corning, and too low of a sensitivity can cause the loader not to
detect shots. It is only recommended to adjust this setting if absolutely needed.

MANUAL // PAGE 8

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DRIVE PRESSURE // YELLOW VALUES 1-8 / Default 1

The Spire III features a new Automatic Drive Pressure monitoring logic that enables the loader to sense when
to start and stop on its own.

Setting 1: (Default) Auto mode. In this mode, the loader will choose the best setting for current conditions.

Settings 2 7: Manual modes. The higher the value the more pressure the Spire Drive needs to feel before it
will stop spinning. Lower numbers will make the Spire Drive stop easier when it feels pressure on the stack.

Do not adjust this setting unless there is problem with your Spire III, and you have already removed and
cleaned the Spire Drive and are sure you have good batteries. If the Spire III stops spinning before the balls
stack is full, you can raise this setting. Too high of a setting can cause unwanted pop corning, and too low of
a setting can cause the Spire III to stop spinning too soon.

A Note on Reballs:
Because Reballs have a high amount of friction, you should not use the default Auto Mote, but turn
the Drive Pressure setting to 4 or higher to ensure the Spire does not stop feeding the Reballs
prematurely.

LED POWER SAVER // GREEN VALUES 1-3 / Default 1

This setting allows you to turn the LEDs off. This can be useful for example when playing night games or if
you want to conserve power.

Setting 1: Heads-Up LEDs are on. The LEDs automatically dim occasionally to 40% power when the
loader is idle to conserve battery life.

LED POWER SAVER CONTINUED ON NEXT PAGE


MANUAL // PAGE 9

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LED POWER SAVER // GREEN VALUES 1-3 / Default 1

Setting 2: Shuts off the LEDs entirely save to battery power.


Setting 3: Shuts off the LEDs save to battery power, but occasionally blinks green to let you know the
Spire III is on.

FIRMWARE UPGRADE MODE // FLICKERING BLUE Then WHITE when entered.

Enter this setting to perform a firmware upgrade on the loader using your mobile phone (iOS or Android). Hold
in the Programming Button when the LED is Flickering Blue to put the loader into Wireless Receiving mode
and the LED will turn White. The loader is now Discoverable on the mobile application. If left in Discover mode
too long the Spire III will automatically reboot and exit the programming menu.

Start the application and press Upgrade Firmware. The app will show a your loader's serial number in the list.
Tap on the serial loader number and wait until the application indicates that the upgrade has been completed.
The loader will boot and resume normal operation. If the upgrade fails, the loader will revert back to the exist-
ing firmware.

FACTORY RESET //
To return all setting to the factory defaults, while in programming mode, hold the bottom button down for 10
seconds until the LED turns white. Once the LED turns white, the led will then flash through the rainbow of
colors indicating that all settings have been returned to the factory default.

CONTINUE FOR TROUBLESHOOTING TIPS

MANUAL // PAGE 10
TROUBLESHOOTING
Case
1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 139 of 141 PageID #: 199

This manual covers only the basic troubleshooting information. For up to date support and contact information
please visit: www.virtuepb.com/Spire III

SPIRE III NOT TURNING ON //


1 Make sure the tray is seated properly in the shell assembly. Does the tray turn on when it is
outside the Spire III?
2 Make sure batteries are installed and the polarity is correct. The negative ( - ) of the battery should
be touching the spring of the battery holder.
3 Make sure batteries have power in them. Sometimes even brand new batteries are dead, test with
another set to make sure.
4 Check that the cable between main PCB and motor is connected on both ends.

SPIRE III LED OR SPEAKER NOT WORKING //


1 Make sure the LED and Speaker are turned on in the program menu, or perform a factory reset.

SPIRE III FEEDING SLOWLY OR ERATICALLY //


1 Ensure that your batteries are fresh and a good quality. Off brand batteries frequently cause poor
performance.
2 Ensure that you have the latest firmware update by using the Spire App to download and flash
your Spire III.
3 Check the condition of the Spire drive fingers. If they are excessively soft or worn, replace them.
4 Check to make sure the Spire is spinning properly with each shot of your marker. If necessary, turn
on the sensitivity.
5 If you are using Reballs, turn the Drive Pressure setting to 4 or higher.

MANUAL // PAGE 11

Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 140 of 141 PageID #: 200

SPIRE III IS POPCORNING OR PULSING WHEN FULL //


1 Ensure that your batteries are fresh and a good quality. Off brand batteries frequently cause poor
performance.
2 Ensure that you have the latest firmware update by using the Spire App to download and
flash your Spire III.
3 Check that the Yellow Drive Pressure Setting is set to Auto Mode. Or if necessary, set it to 2.
4 Check the condition of the Spire drive fingers. If they are excessively soft or worn, replace
them.

> www.virtuepb.com/Spire III

MANUAL // PAGE 12
Case 1:17-cv-01583-UNA Document 1-1 Filed 11/03/17 Page 141 of 141 PageID #: 201

VIRTUE SPIRE III MANUAL BUILT TO WIN

FCC NOTICE:

This device complies with Part 15 of the FCC Rules.

Operation is subject to the following two conditions:


( 1 ) This device may not cause harmful interference, and
( 2 ) This device must accept any interference received, including interference that
may cause undesired operation.

FCC ID: SH6MDBT40 MADE IN TAIWAN

USA Office Europe Office


Virtue Paintball ,LLC Virtue Paintball GmbH

40-14 Oser Ave Wienerstrasse 42 / 2


Hauppauge, NY 1788 2120 Wolkersdorf
USA Austria

FOR MORE INFORMATION, VISIT: VIRTUEPB.COM


Case 1:17-cv-01583-UNA Document 1-2 Filed 11/03/17 Page 1 of 2 PageID #: 202
Case 1:17-cv-01583-UNA Document 1-2 Filed 11/03/17 Page 2 of 2 PageID #: 203

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