Dual-Action Lid

Abstract

A dual-action drink-through cup lid having a first drink-through opening on a first raised area and a fold-back tab substantially opposite the first drink-through opening and capable of exposing a second drink-through opening when the fold-back tab is folded back. A single-action drink-through cup lid is also disclosed having a fold-back tab that exposes a semicircular drink-through opening. Both dual-action and single-action lids disclosed herein have optional lock-back features to secure one or both drink-through openings in an open position.

Description

BACKGROUND

The present invention relates to lids for beverage cups. When used with hot beverages such as coffee or tea, lids are used to allow one to consume the beverage through the lid, while also providing some protection against spilling or splashing.

One style of such lids can be referred to a raised, sip-through lid and has a raised portion with a small sip hole, typically near the top of the raised portion. Such lids can be convenient for beverages such as cappuccinos that are sometimes served with foam on top of the liquid. Another style of such lids can be referred to as a fold-back lid and has a tab adapted to be folded back to create an opening on the edge of the lid through which one can drink the beverage. Such lids can be convenient for beverages such as regular coffee or tea where the additional space of the raised lid is not required.

Many consumers have strong preferences for either a raised, sip-through lid or a fold-back lid. Beverage sellers, however, prefer not to have to stock both styles. One object of the current invention, therefore, is to provide a single lid that appeals to both consumers who prefer raised, sip-through style lids and consumers who prefer fold-back style lids, so that beverage sellers can stock one lid that satisfies both groups. A second object of the current invention is to provide a lid with a fold-back tab that creates a larger drink opening.

SUMMARY

Disclosed herein is a drink-through lid for a drink cup having a circular rim. The lid comprises an outer deck with a skirt extending below the outer deck. A first raised area is near a portion of the outer deck and a first drink-through opening is adapted to facilitate drinking through or across the first raised area. A fold-back tab is also included and is preferably substantially opposite the first raised area. The fold-back tab is adapted to form a second drink-through opening upon folding back the fold-back tab.

Also disclosed is a drink-through lid with an outer deck surrounding a central deck, and a skirt extending below the outer deck. A fold-back tab is adapted to form a drink-through opening upon folding back the fold-back tab. A hinge member operably attaches the fold-back tab to the central deck when the fold-back tab is opened. The hinge member defines a chord extending from a first hinge point at a location where the central deck meets the outer deck, across a portion of the central deck, to a second hinge point at a second location where the central deck meets the outer deck. Folding back the fold-back tab forms a comparatively larger drink-through opening in the shape of a semicircle.

BRIEF DESCRIPTION OF THE DRAWINGS

Other features in the invention disclosed herein will become apparent from the attached drawings, which illustrate certain preferred embodiments and related art:

FIG. 1 is a perspective view of an embodiment of a lid adapted to allow a consumer to drink through either a sip-hole or an opening formed by a semicircular fold-back tab;

FIG. 2 is a further perspective view of the embodiment illustrated in FIG. 1 with the fold-back tab in the open position;

FIG. 3 is a perspective view a further embodiment of a lid adapted to allow a consumer to drink through either a sip-hole or an opening formed by a substantially rectangular fold-back tab;

FIG. 4 is a further perspective view of the embodiment illustrated in FIG. 3 with the fold-back tab in the open position;

FIG. 5 is a perspective view a further embodiment of a lid adapted to allow a consumer to drink through either a sip-hole or an opening formed by a fold-back tab;

FIG. 6 is a further perspective view of the embodiment illustrated in FIG. 5 with the fold-back tab in the open position;

FIG. 7 is a perspective view an embodiment of a lid adapted to allow a consumer to drink through either a sip-hole with a closable flap, or an opening formed by a substantially rectangular fold-back tab;

FIG. 8 is a further perspective view of the embodiment illustrated in FIG. 7 with the fold-back tab in the open position;

FIG. 9 is a perspective view an embodiment of a lid having a fold-back tab adapted to form a semicircular opening;

FIG. 10 is a further perspective view of the embodiment illustrated in FIG. 9 with the fold-back tab in the open position;

FIG. 11 is a perspective view of a single-action lid having a substantially rectangular fold-back tab;

FIG. 12 is a perspective view of a single-action lid having a raised sip hole;

FIG. 13 is a perspective view of a further single-action lid having a sip hole; and

FIG. 14 is a perspective view of a single-action lid having a sip hole with a closable flap.

DETAILED DESCRIPTION

While the following describes preferred embodiments of lids according to the present invention, it is understood that this description is to be considered only as illustrative of the principles of the invention described herein and is not to be limitative thereof. Numerous other variations, all within the scope of the claims, will readily occur to those of ordinary skill in the art in light of this disclosure.

As used herein, the term “adapted” means sized, shaped, configured, dimensioned, oriented and arranged as appropriate.

The term “semicircle” as used herein means a portion of a circle less than or equal to a half circle, and the term “semicircular” means having a shape that roughly defines a portion of a circle less than or equal to a half circle.

The term “sip-through” opening as used herein means an opening in a lid through which fluid may flow and which does not extend to the rim of a cup. Sip-through openings are typically on a raised portion of a lid such that a person can position the sip-through opening between his or her lips when drinking from the raised portion. That positioning, however, is not required. Sip-through openings can also be positioned such that fluid flows through the opening onto another portion of the lid prior to (or while also) passing through a person's lips. It will thus be understood that a sip-through opening is distinguished from a flap-style opening not by its height or by its being positioned such that a person can position his or her lips around the opening, but by virtue of being an opening that is positioned on the interior of a lid as opposed to being an opening that extends to the perimeter of a lid.

The definitions and meanings of other terms herein shall be apparent from the following description, the figures, and the context in which the terms are used.

Referring to FIGS. 1 and 2, a preferred embodiment of a drink-through lid 100 is illustrated. Central deck 110 has a geometric center corresponding to the center of the circle formed by surrounding outer deck 120. Skirt 130 extends downward from outer deck 120. As illustrated, outer deck 120 is adapted to grip and substantially seal the rounded rim of a disposable cup (not illustrated). Plug wall 112 extends downward from outer deck 120 and is adapted to engage the inner surface of a cup (not illustrated), thereby further sealing and securing lid 100. Skirt 130 comprises inward extending area 132. In this way, the bottom edge of skirt 130 can flare out, thereby facilitating initial alignment of lid 100 onto a cup (not illustrated). Once outer deck 120 is engaged, outer deck 120 and plug wall 112 act to prevent leakage, and inward extending area 132 acts to resist disengagement of lid 100. It will be understood by those of skill in the art that outer deck 120 and inward extending area 132 are adapted to act primarily on the outside of a cup (not illustrated), while plug wall 112 acts primarily on the inside. The plug action created by plug wall 112 is not required, particularly on raised, sip-through style lids. It is preferred, however, on fold-back style lids as the plug action helps maintain the seal when a fold-back flap is opened. Thus, in the embodiment illustrated, optional plug wall 112 is used to facilitate retention of lid 100 when fold-back tab 150 is in the open position, but is not a required element.

Central deck 110 has formed within it first raised area 140, which is proximal to a section of outer deck 120 and comprises a first drink-through opening 142 formed as a sip-through hole in the highest part of first raised area 140. In this way, first raised area 140 and first drink-through opening 142 form a raised, cappuccino-style, sip-through feature. Optional indentations 146 are formed on first raised area 140 beneath first drink-through opening 142 and are adapted to touch the lower lip of a person drinking from first drink-through opening 142. Indentations 146 serve at least two purposes. One purpose is to provide a tactile indication of the position of first drink-through opening 142. A second purpose is to provide a cooler, more comfortable surface for the lower lip when drinking. It will be understood that while the illustrated embodiment shows indentations 146 extending inward toward the geometric center of central deck 110 (whereby they appear as indentations from the outside of lid 100 and appear as protrusions from the inside of lid 100), they could just as easily extend outward from that center point (in which case they would appear as protrusions from the outside of lid 100 and appear as indentations from the inside of lid 100). Accordingly, as used herein, the term “indentation” is not intended to be limited only to indentations that extend inward from the outside of a lid. Nor is “indentation” intended to be limited to a particular shape of indentation. Instead the term is intended to refer to a tactilely perceptible surface irregularity adapted to engage the lower lip of a person drinking from a drink-through opening.

Fold-back tab 150 is substantially opposite first raised area 140 and comprises optional grip extension 157. By gripping grip extension 157 and folding back fold-back tab 150, second drink-through opening 152 may be accessed. In this way, one may choose between drinking through first drink-through opening 142 when a raised, sip-through style lid is preferred, or may open fold-back tab 150 and drink through second drink-through opening 152 when a fold-back style lid is preferred. Keeping first drink-through opening 142 in an orientation that is substantially opposite second drink-through opening 152 helps reduce the likelihood of spillage through first drink-through opening 142 when second drink-through opening 152 is in use.

In the illustrated embodiment, fold-back tab 150 is opened by tearing through skirt 130 to first hinge point 187 and second hinge point 188. Where lid 100 is made of thin thermoformed plastic, easy tearing may be facilitated by aligning the tear direction with oriented polymer chains in the plastic, as is discussed below. Alternatively, or in cases where thin thermoformed plastic is not used, perforations (not illustrated), notches (not illustrated) or fault lines (not illustrated) may be used to facilitate tearing, or fold-back tab 150 may be pre-separated during manufacture.

As illustrated, optional hinge member 186 is formed as a raised area of central deck 110 and facilitates opening and closing of fold-back tab 150. Hinge member 150 defines a chord extending between first hinge point 187 and second hinge point 188 which, in the illustrated embodiment are two points at which central deck 110 and outer deck 120 meet. As a result, when fold-back tab 150 is opened, second drink-through opening 152 is formed in the shape of a semicircle. While embodiments in which the resulting semicircle constitutes one half of the circle defined by outer deck 120 are possible, smaller semicircular openings are preferred for greater spill and splash protection. With such embodiments the result is still a larger opening than would commonly be formed with a substantially rectangular tab, and an opening in which it is easier to sip a beverage without bringing one's lips into contact with potentially sharp or ragged edges of lid 100 that may have resulted when fold-back tab 150 was opened.

In certain embodiments, it may be desirable to include a means of securing fold-back tab 150 in an open position. One possible means of doing so is the inclusion of a recess 154 formed in fold-back tab 150 and adapted to receive raised catch 156 formed in central deck 110. In the illustrated embodiment, a portion of fold-back tab 150 is substantially level with the lowest point of central deck 110. In such a configuration, recess 154 may be formed by creating parallel ridges that define recess 154 therebetween. Were a portion of fold-back tab 150 formed to include a raised surface substantially level with the top of outer deck 120, then recess 154 could be formed as a recess (not illustrated) in that surface.

Raised catch 156 as illustrated is formed as a protrusion from central deck 110 and is adapted to capture recess 154. Having at least a portion of raised catch 156 be larger than the corresponding portion of recess 154 can help secure fold-back flap 150 in the open position.

While not illustrated, it will be understood that other means of securing fold-back tab 150 in an open position are also possible. One example would be forming a raised catch (not illustrated) on fold-back tab 150 and a corresponding recess (not illustrated) in central deck 110 adapted to receive that catch. Another example would be adapting outer deck 120 with a bulge or lip capable of capturing portions of the edges of fold-back tab 150 and retaining it in an open position. Another example would be to form a recess (not illustrated) in central deck 110 adapted to receive the portion of outer deck 110 that is remains attached to fold-back tab 150. Other examples include using a plurality of catches and recesses (not illustrated) or using a material with reduced shape memory such that hinge member 156 does not tend to urge fold-back tab 150 to close once it has been opened. Particularly in lids made for multiple uses, mechanical catches and other closing means that cannot be formed from a single sheet of thermoformed plastic may also be used including, attached latches and catches, attached gripping materials such as hook and loop material or flexible plastic strips such as are used in food storage bags or pluralities of plastic extensions that are adapted to engage one another when pushed together, snaps, adhesives or cohesives.

While in the embodiment illustrated a substantial portion of outer deck 120 is raised with respect to central deck 110, that arrangement is not required. In other embodiments, central deck 110 may be substantially level with the outer deck 120 or may have a substantial portion that is raised with respect to outer deck 120.

Referring to FIGS. 3 and 4, an alternate embodiment of a drink-through lid 200 is shown. As with the previously described embodiment, outer deck 220 surrounds central deck 210 and skirt 230 extends down from outer deck 220. First raised area 240 is proximal to a portion of outer deck 220 and comprises first drink-through opening 242. Indentations 246 are adapted to touch the lower lip when drinking through first drink-through opening 242 and serve the purposes, and can be formed in the configurations, previously described with respect to indentations 146 shown in FIG. 2.

Gripping grip extension 257 and folding back fold-back tab 250 creates second drink-through opening 252. As illustrated, fold-back tab 250 is in a substantially rectangular configuration. When open, fold-back tab 250 forms a shape having two substantially parallel lines 281, 282 that are substantially perpendicular to substantially straight hinge edge 283. Curved edge 284 is defined by the intersection of the portions of central deck 210 and outer deck 220 that are folded back as part of fold-back tab 250. Hinge member 286 facilitates folding back of fold-back tab 250 and is parallel to and connected to hinge edge 283.

Fault lines (not illustrated), perforations (not illustrated), notches (not illustrated) or pre-cutting may be used to help ensure that substantially parallel lines 281, 282 are straight and intersect the ends of hinge member 283. Where drink-through lid 200 is formed of thin, thermoformed plastic, however, fault lines, notches, perforations and pre-cutting are not necessary where the plastic material used has substantially aligned polymer chains and substantially parallel lines 281, 282 are aligned with those polymer chains. Polymer chains can be aligned during the manufacturing process by extruding the plastic material in a sheet and stretching it in the direction of the extrusion as part of the thermoforming process. When manufactured in this way, the polymer chains in the plastic will be substantially aligned in the direction of the stretching and extrusion. The result will be that tears in the plastic material will tend to follow along the direction of the polymer chains and tearing perpendicularly across the polymer chains will be more difficult. Thus, where substantially parallel lines 281 and 282 are substantially aligned with the polymer chains and hinge member 286 is substantially perpendicular to the polymer chains, tearing fold-back flap 250 by pulling on grip extension 257 tends to result in substantially perpendicular lines 281, 282 ending at hinge member 286 without the need for scoring, fault lines, perforations or pre-cutting. Hinge member 286 also tends to resist tearing when it is operated due to its orientation being substantially perpendicular to the polymer chains.

Fold-back tab 250 may be secured in an open position utilizing any of the means previously described in connection with fold-back tab 150. As illustrated, recess 254 is formed on fold-back tab 250 and is engaged by raised catch 256 on central deck 210.

As illustrated raised catch 256 is within optional central deck depression 258, which is adapted to receive a substantial portion of fold-back tab 250 when fold-back tab 250 is open. The result is a flatter overall structure when second drink-through opening 252 is in use.

FIGS. 5 and 6 illustrate a further embodiment of drink-through lid 300. Similar to as has been described in connection with lids 100 and 200, outer deck 320 substantially surrounds central deck 310 and skirt 330 extends downward. Fold-back tab 350 can be opened by pulling on grip extension 357 to tear back fold-back tab 350 to optional hinge member 386, thereby giving access to second drink-through opening 352. As has been described in connection with FIGS. 3 and 4, fold-back tab 350 may be secured in an open position by engaging recess 354 with raised catch 356, thereby releasably securing fold-back tab 350 in optional central deck depression 358. Any of the other securing means previously described may also be used.

First raised area 340 is raised above, and proximal to, a portion of outer deck 320. First drink-through opening 342, however, is in the form of a sip-through hole formed below the highest point 343 of first raised area 340. The result is that, when drinking through first drink-through opening 342, fluid within the cup flows across a portion 344 of first raised area 340 before being consumed by a user. The result is additional cooling of the fluid before consumption and a different drinking experience than typically occurs when drinking directly through a sip-through hole adapted such that a person can position it between the lips when drinking.

Indentations 346 may still be utilized to provide a tactile indication of the location of first drink-through opening 342. As with the previously-described embodiments, indentations 346 may extend inward as illustrated, or outward (not illustrated), and may be in any suitable shape or configuration.

A further embodiment of a dual-action drink-through lid 400 is shown in FIGS. 7 and 8. As has already been described in connection with other embodiments, outer deck 420 substantially surrounds inner deck 410 and skirt 430 extends down. Fold-back tab 450 may be opened to expose second drink-through opening 452 by gripping grip extension 457 and tearing back fold-back tab 450, whereby fold-back tab 450 folds back about optional hinge member 486. Fold-back tab 450 may then be releasably secured within central deck depression 458 by engaging recess 454 with catch 456 in the same manner as has been described above in connection with FIGS. 5 and 6. Other securing means previously described may also be used.

First raised area 440 has first drink-through opening 442, again in the form of a sip-through hole. However, in this embodiment, first drink-through opening 442 remains closed until lock-back catch 448 (in the form of a protrusion from first raised area 440) is pushed back and into lock-back receiver 449 (in the form of a recess in first raised area 440). The result is a lid 400 that remains closed until one of fold-back tab 450 or lock-back catch 448 is opened by the user.

With this embodiment as well, optional indentations 444 are adapted to contact the lower lip of the user when drinking through first drink-through opening 442 and provide a tactile indication its location.

Referring to FIGS. 9 and 10, a further embodiment of a drink-through lid 500 is illustrated. Whereas the previously described embodiments comprised two drink-through openings, lid 500 comprises a single drink-through opening 552 in the shape of a semicircle when fold-back tab 550 is opened. The result is a drink-through opening 552 that is larger than in lids with substantially rectangular tear-back tabs and that can more easily be used without lid edges contacting the lips of the user.

Similar to the embodiments previously described, outer deck 520 substantially surrounds inner deck 510 with skirt 530 extending down. Hinge member 586 extends from a first hinge point 587 at a meeting point of central deck 510 and outer deck 520, across a portion of central deck 510, to a second hinge point 588 at a second meeting point of central deck 510 and outer deck 520. Hinge member 586 thus forms a chord and results in drink-through opening 552 being in the shape of a semicircle. While it is preferred that hinge member 586 extend from first hinge point 587 to second hinge point 588, embodiments with shorter hinges are possible. Embodiments without separate hinge member 586 are also possible, in which case a portion of central deck 510 about which fold-back tab 550 folds serves as a hinge member even though it is structurally indistinguishable from other portions of central deck 510. As a result, hinge member 586 is optional in the same way that hinge members in the previously-described embodiments are optional.

Also similar to embodiments previously described, recess 554 is adapted to be received by raised catch 556 to secure fold-back tab 550 in an open position. In this way, fold-back tab 550 can be opened by gripping grip extension 557 and lifting to form tears in skirt 530 up to first hinge point 587 and second hinge point 588, and pressing fold-back tab 550 back until raised catch 556 secures recess 554. While perforations (not illustrated), notches (not illustrated), fault lines (not illustrated), and pre-separating can be used to facilitate tearing of skirt 530 in appropriate locations, such measures are not required, particularly where thin thermoformed plastic is used with suitably aligned polymer chains.

It will be noted that the embodiments shown in FIGS. 1-10 differ from prior art lids 1000, 1010, 1020, 1030, and 1040 illustrated in FIGS. 11-14 in at least two ways. First, the single-action lids 1000, 1010, 1020, 1030 and 1040 require the beverage seller to choose between a fold-back style lid and a raised, sip-through style lid. The embodiments illustrated on FIGS. 1-8 allow a beverage seller to select a single lid that satisfies customers who prefer either style. Second, the single-action lids shown in FIGS. 11-14 do not allow for a fold-back tab that forms a semi-circular opening with only one straight edge along a hinge member that defines a chord. As a result, the openings formed by substantially rectangular fold-back tabs in those single-action lids are smaller and have an increased probability of having a portion of the lid come into contact with a user's lips when compared to second drink-through openings 152 and 552 described above. It will be seen, however, that the opening structures shown in FIGS. 11-14 can be combined according to the disclosure herein to create dual-action lids of a variety of configurations according to this disclosure, all of which are within the scope of the present invention when so combined.

Other variations and embodiments of the present invention will be apparent to those of ordinary skill in the art in light of this specification, all of which are within the scope of the present invention as claimed. Nothing in the foregoing description is intended to imply that the present invention is limited to any preferred embodiment described herein.

This disclosure contains materials that are subject to copyright protection. The copyright owner has no objection to reproduction by anyone of the unmodified patent disclosure as it appears in the Patent and Trademark Office files or records, but does not consent to sale of copies or publication of the disclosure by any party other than the Patent and Trademark Offices of countries in which the application was filed, and otherwise reserves all copyright and publication rights whatsoever.

Claims

1. A drink-through lid for a drink cup having a circular rim, said lid comprising: whereby one may choose between drinking via said first drink-through opening or opening said fold-back tab and drinking via said second drink-through opening.

a central deck having a geometric center;

an outer deck surrounding said central deck;

a skirt extending below said outer deck;

a first raised area proximal to a portion of said outer deck;

a first drink-through opening adapted to allow drinking from said first raised area; and

a fold-back tab substantially opposite said first raised area and adapted to form a second drink-through opening upon folding back said fold-back tab;

2. A drink-through lid as in claim 1 wherein at least a substantial portion of said outer deck is raised with respect to said central deck.

3. A drink-through lid as in claim 1 wherein at least a substantial portion of said central deck is substantially level with the highest portion of said outer deck.

4. A drink-through lid as in claim 1 wherein at least a substantial portion of said central deck is raised with respect to said outer deck.

5. A drink-through lid as in claim 1 wherein said fold-back tab comprises a raised catch and said central deck comprises a recess adapted to releasably secure said raised catch whereby folding back said fold-back tab and inserting said raised catch into said recess releasably secures said fold back tab in an open, folded back position.

6. A drink-through lid as in claim 1 wherein said fold-back tab comprises a recess and said central deck comprises a raised catch adapted to releasably secure said recess, wherein folding back said fold-back tab and inserting said raised catch into said recess releasably secures said fold-back tab in an open position.

7. A drink-through lid as in claim 6 wherein said raised catch is located within a central deck depression adapted to receive at least a substantial portion of said fold-back tab when said fold-back tab is open.

8. A drink-through lid as in claim 1 wherein whereby upon folding back said fold-back tab said two substantially parallel straight edges tear away from said central deck in part due to said two substantially parallel straight edges being substantially parallel to said substantially aligned polymer chains, and said hinge edge resists tearing due to said hinge edge being substantially perpendicular to said substantially aligned polymer chains.

Said drink-through lid is formed from a plastic material having substantially aligned polymer chains;

said fold-back tab when open forms a shape having two substantially parallel straight edges, one substantially straight hinge edge that is substantially perpendicular to said two substantially parallel straight edges, and a curved edge substantially opposite said hinge edge; and

said two substantially parallel straight edges are substantially parallel to said substantially aligned polymer chains;

9. A drink-through lid as in claim 8 wherein said fold-back tab comprises a hinge member operably attached and parallel to said hinge edge.

10. A drink-through lid as in claim 1 wherein said fold-back tab comprises a hinge member operably attaching said fold-back tab to said central deck when said fold-back tab is opened.

11. A drink-through lid as in claim 10 wherein said hinge member defines a chord extending from a first hinge point located at a meeting point of said central deck and said outer deck, across a portion of said central deck, to a second hinge point located at a second point located at a second meeting point of said central deck and said outer deck, whereby folding back said fold-back tab about said hinge member forms said second drink-through opening in the shape of a semicircle.

12. A drink-through lid as in claim 1 wherein said fold-back tab folds back about a portion of said central deck without the benefit of a hinge member.

13. A drink-through lid as in claim 1 wherein said fold-back tab further comprises a grip extension attached to said skirt and adapted to facilitate opening of said fold-back tab.

14. A drink-through lid as in claim 1 wherein said first drink-through opening is formed below the highest point of said first raised area whereby fluid within a lidded cup flows through said first drink-through opening and across a portion of said first raised area before being consumed by a user.

15. A drink-through lid as in claim 1 wherein said first raised area further comprises a plurality of indentations adapted to touch the lower lip of a person drinking from said first drink-through opening.

16. A drink-through lid for a drink cup having a circular rim, said drink-through lid comprising:

a central deck having a geometric center;

an outer deck surrounding said central deck;

a skirt extending below said outer deck;

a fold-back tab adapted to form a drink-through opening upon folding back said fold-back tab;

a hinge member operably attaching said fold-back tab to said central deck when said fold-back tab is opened, said hinge member defining a chord extending from a first hinge point at a meeting point of said central deck and said outer deck, across a portion of said central deck, to a second hinge point at a second meeting point of said central deck and said outer deck, whereby folding back said fold-back tab forms said drink-through opening in the shape of a semicircle.

17. A drink-through lid as in claim 16 wherein said fold-back tab comprises a means to secure said fold-back tab in an open position.

18. A drink lid as in claim 16 wherein at least a substantial portion of said outer deck is raised with respect to said central deck.

19. A drink lid as in claim 16 wherein at least a substantial portion of said central deck is substantially level with the highest portion of said outer deck.