CROSS-REFERENCE TO RELATED APPLICATIONS  
       [0001]     This application claims priority of U.S. Provisional Application No. 60/523,236 filed Nov. 19, 2003. 
     
    
     STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT  
       [0002]     Not Applicable.  
       APPENDIX  
       [0003]     Not Applicable.  
       BACKGROUND OF THE INVENTION  
       [0004]     1. Field of the Invention  
         [0005]     This invention relates generally to a tree stand and, more particularly, to an apparatus and method for hunting in trees.  
         [0006]     2. Related Art  
         [0007]     Tree stands are load supporting platforms used primarily by hunters. The stands are used to support a hunter at an elevated position on the trunk of a tree. Most conventional tree stands have a foot platform and a seat. Examples of such tree stands are disclosed by U.S. Pat. Nos. 2,855,980, issued to Konieczka on Oct. 14, 1958; 4,120,379, issued to Carter on Oct. 17, 1978; 4,819,763, issued to Grote on Apr. 11, 1989; 5,363,941, issued to Richard on Nov. 15, 1994; and 5,848,666, issued to Woodall et al. on Dec. 15, 1998.  
         [0008]     As most hunters know, tree selection for tree stand placement is critical. This is especially true for bow hunters because of the limited effective range of the bow. Finding a perfectly straight tree in a perfect hunting spot, however, rarely can be accomplished. More often than not, trees at ideal locations have a “lean” or angle making them difficult for installation and use of the tree stand.  
         [0009]     Installing a standard tree stand in a tree that leans presents one of two major problems for the hunter. Either the tree stand is declined such that the hunter feels that he or she could easily fall out of the tree stand or the tree stand is inclined such that the hunter is at a disadvantageous angle for viewing the ground and/or prey. Either case is unwanted by the hunter and, hence, installing a standard tree stand in a leaning tree is undesirable even if it is in an ideal location.  
         [0010]     There remains a need in the art for an apparatus and method for hunting in trees.  
       SUMMARY OF THE INVENTION  
       [0011]     It is in view of the above problems that the present invention was developed. The invention is an apparatus and method for hunting in trees. The apparatus includes an adjustable tree stand for use in leaning and non-leaning trees. The tree stand includes means for adjusting the angle of the tree stand relative to the tree. The adjustable tree stand has top and/or bottom adjustment. Adjustment is provided through the use of an adjustment device attached to a support or a cross-member.  
         [0012]     In another aspect of the invention, there is provided a universal adjustment device. The universal adjustment device can be installed on existing tree stands. The universal adjustment device increases the flexibility and functionality of an existing tree stand.  
         [0013]     The apparatus also includes a measuring device for use in measuring tree “lean.” The measuring device connects to the bottom of the tree stand. The measuring device includes a handle, a level and a sliding member having units of measurement.  
         [0014]     The invention also includes a method of gross adjustment of the tree stand upon measurement of tree lean. The measuring device is used by placing the handle against a tree, verifying that the sliding member is level, and measuring the distance to the tree using the sliding member. The user then makes a gross adjustment of the tree stand based upon the distance measurement. In some embodiments, fine adjustment is made after the stand is mounted in the tree  
         [0015]     Further features and advantages of the present invention, as well as the structure and operation of various embodiments of the present invention, are described in detail below with reference to the accompanying drawings.  
     
    
     BRIEF DESCRIPTION OF THE DRAWINGS  
       [0016]     The accompanying drawings, which are incorporated in and form a part of the specification, illustrate the embodiments of the present invention and together with the description, serve to explain the principles of the invention. In the drawings:  
         [0017]      FIG. 1  is a perspective view of a tree stand in a first embodiment;  
         [0018]      FIG. 2  is a detailed perspective view of the tree stand in a second embodiment;  
         [0019]      FIG. 3   a  is a detailed perspective view of the tree stand in a third embodiment;  
         [0020]      FIG. 3   b  is a detailed perspective view of the tree stand in a third embodiment;  
         [0021]      FIG. 3   c  is a detailed perspective view of the tree stand in a third embodiment;  
         [0022]      FIG. 3   d  is a detailed perspective view of the tree stand in a third embodiment;  
         [0023]      FIG. 3   e  is a detailed perspective view of the tree stand in a third embodiment;  
         [0024]      FIG. 4  is a detailed perspective view of a universal adjustment device for use with a tree stand;  
         [0025]      FIG. 5  is a side view of the tree stand in a third embodiment in use;  
         [0026]      FIG. 6   a  is a bottom perspective view of the tree stand and a measuring device;  
         [0027]      FIG. 6   b  is a side view of the measuring device; and  
         [0028]      FIG. 6   c  is a side view of the measuring device in use;  
     
    
     DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT  
       [0029]     Referring to the accompanying drawings in which like reference numbers indicate like elements,  FIG. 1  illustrates a tree stand assembly  11  comprised of a tree stand  10  and an adjustment device  12 . The tree stand  10  includes a platform  14 , a seat  16 , a first support member  18 , and a second support member  20 . In the depicted embodiment, the platform  14  and the seat  16  are parallel to one another. The support members  18 ,  20  are connected by a first cross-member  22  and a second cross-member  24 .  
         [0030]     In a first embodiment depicted in  FIG. 1 , the adjusting device  12  is operatively connected to the first cross-member  22 . While in the depicted embodiment the adjusting device  12  is shown connected to the first cross-member  22 , those skilled in the art will understand that the adjusting device could also be attached to the second cross-member  24  or both of the cross-members  22 ,  24 . The adjusting device  12  includes a V-shaped member  26  and adjustment fingers  28 . The V-shaped member has a top  26   a,  sides  26   b,  and a bottom (not shown). In the depicted embodiment, the adjustment fingers  28  are operatively connected to the top  26   a  of the V-shaped member  26 ; however, the adjustment fingers  28  could also be attached to the sides  26   a  or the bottom. The adjustment fingers  28  are extendable in length and are independently adjustable relative to one another. In the depicted embodiment, each of the adjustment fingers  28  includes a screw  28   a  and a nut  28   b.    
         [0031]      FIG. 2  illustrates a variation of the adjustment device  12  shown in the first embodiment. In the depicted embodiment of  FIG. 2 , the first cross-member  22  includes first holes  30 . While in the depicted embodiment the holes  30  are shown connected to the first cross-member  22 , those skilled in the art will understand that the second cross-member  24  or both of the cross-members  22 ,  24  could include holes. The adjustment fingers  28  are operatively connected to the first holes  30 . In the depicted embodiment, the adjustment fingers  28  and the first holes  30  are threaded and operatively engage one another. In an optional embodiment, each of the adjustment fingers  28  includes a handle  32 .  
         [0032]      FIG. 3   a  illustrates a third embodiment of the adjusting device  12 . In this third embodiment, the adjusting device  12  is operatively connected to the first support  18  and/or second support  20  rather than the cross-members  22 ,  24 . The first support  18  includes an outer side  18   a  (not shown) and an inner side  18   b  opposite the outer side  18   a.  The second support  20  includes an outer side  20   a  and an inner side  20   b  (not shown) opposite the outer side  20   a.  The adjusting device  12  includes a first adjustment finger  34  operatively connected to the first support member  18  and a second adjustment finger  36  operatively connected to the second support member  20 . The first and second adjustment screws  34 ,  36  are operatively connected to the inner sides  18   b,    20   b  of the first and second supports  18 ,  20  in the depicted embodiment of  FIG. 3   a.  In the depicted embodiment each of the first and second adjustment screws engage a nut  38 .  
         [0033]      FIG. 3   b  illustrates a variation of the third embodiment.  FIG. 3   b  depicts the first adjustment finger  34  and the second adjustment finger  36 . The first and second adjustment fingers  34 ,  36  are operatively connected to the outer sides  18   a,    20   a  of the first and second supports  18 ,  20  in the embodiment depicted in  FIG. 3   b.  In the depicted embodiment each of the first and second adjustment fingers includes a tube  42  and a pin  44 . The tube  42  includes second holes  46 , and the pin  44  includes third holes  48 . A keeper  50 , such as a cotter pin, can be placed through the holes  46 ,  48  when in alignment to fix the overall length of the first and second adjustment fingers  34 ,  36 .  
         [0034]      FIG. 3   c  illustrates a variation of the embodiment shown in  FIG. 3   b.  In  FIG. 3   c,  the first and second adjustment fingers  34 ,  36  have both a gross and a fine adjustment. As is the case of the embodiment shown in  FIG. 3   b,  the embodiment shown in  FIG. 3   c  includes the tube  42  and the pin  44 . The tube  42  and the pin  44  can be displaced relative to each other for gross adjustment of the first and second adjustment fingers  34 ,  36 . The embodiment shown in  FIG. 3   c  further includes a fine adjustment device  52 . In the depicted embodiment of  FIG. 3   c,  the fine adjustment device  52  includes a threaded rod  54 , an adjustment nut  56 , and a jam nut  58 . The fine adjustment device  52  operatively connects to the pin  44 . In the depicted embodiment of  FIG. 3   c,  the pin  44  includes a fourth hole  60  which the threaded rod  54  engages.  
         [0035]      FIG. 3   d  illustrates a variation of the embodiment shown in  FIG. 3   c.  In  FIG. 3   d,  the first and second adjustment fingers  34 ,  36  have both a gross and a fine adjustment. The first and second adjustment fingers  34 ,  36  each include a sleeve  62 , depicted as a square tube, and an extensible member  63 . The extensible member  63  slides within the sleeve  62 . A locking mechanism  64  locks in place the extensible member  63  to hold it in a selectable position. In the embodiment depicted in  FIG. 3   d,  the locking mechanism  64  is a screw-type locking mechanism. The depicted embodiment includes a nut  64   a,  a screw  64   b,  and a handle  64   c.  To use the locking mechanism  64 , a user turns the handle  64   c  which turns the screw  64   b.  The screw  64   b  engages the extensible member  63 . Friction between the screw  64   b  and the extensible member  63  prevents the extensible member  63  from moving.  
         [0036]     The embodiment shown in  FIG. 3   d  further includes a fine adjustment device  65 . In the depicted embodiment of  FIG. 3   d,  the fine adjustment device  65  includes an adjustment screw  65   a  and a jam nut  65   b.  The fine adjustment device  65  operatively connects to the extensible member  63 . In the depicted embodiment of  FIG. 3   d,  the extensible member  63  includes an opening  63   a  which the adjustment screw  65   a  engages.  
         [0037]      FIG. 3   e  illustrates a variation of the embodiment shown in  FIG. 3   d.  In the embodiment depicted in  FIG. 3   e  the locking mechanism  64  is in the form of a toggle cam lock. The depicted locking mechanism includes a toggle cam mounting  64   d,  a cam  64   e,  and a toggle handle  64   f.  The cam  64   e  may be comprised of metal, plastic or resilient material. To use the locking mechanism  64 , a user rotates the toggle handle  64   f  which rotates the cam  64   e.  The cam  64   e  frictionally engages the extensible member  63  through a slot (not shown) in the sleeve  62  thereby locking the extensible member  63  in place.  
         [0038]     The locking mechanism  64  provides a device that quickly immobilizes or releases the extensible member  63 . While a screw-type lock and a cam lock have been shown, those skilled in the art will understand that numerous devices that can quickly immobilizes or releases the extensible member  63 .  
         [0039]      FIG. 4  illustrates a perspective view of a universal adjustment device  200 . The universal adjustment device  200  is adapted to operatively connect to an existing tree stand (shown in phantom). In the embodiment depicted in  FIG. 4 , the universal adjustment device  200  bolts onto the existing tree stand. The universal adjustment device  200  includes a first adjustment mechanism  210  and a second adjustment mechanism  212 . Each adjustment mechanism includes a sleeve  214 , an extensible member  216 , and a locking mechanism  218 . The extensible member  216  slides within the sleeve  214  and the locking mechanism  218  locks the extensible member  216  in place. In an optional embodiment, each adjustment mechanism also includes a fine adjustment device  220 . A connector  222  operatively connects the first and second adjustment mechanisms  210 ,  212 . In the depicted embodiment, the connector  222  is in the shape of a flat plate, but other shapes, a beam for example, may be used. The connector  222  provides rigidity to the universal adjustment device  200 .  
         [0040]     A mounting bracket  224  operatively connects the universal adjustment device  200  to the existing tree stand. In the depicted embodiment, the mounting bracket  224  has a U-shaped portion for receiving a cross-member of the existing tree stand. The U-shaped portion is formed by the combination of a top plate  226 , a spacer  228 , and a bottom plate  230 . The mounting bracket  224  is operatively connected to the sleeves  214 . In some embodiments, the mounting bracket  224  may also be operatively connected to the connector  222 .  
         [0041]     The universal adjustment device  200  may be connected to the existing tree stand through the use of fasteners or by welding. In the depicted embodiment, the universal adjustment device  200  is bolted to the existing tree stand through the use of a screw  232 , lock washer  234 , and a nut  236 .  
         [0042]      FIG. 5  illustrates a side view of the tree stand  10  in use. The user places the tree stand  10  against the tree  100 . The user loosens the locking mechanism  64 . In the embodiment depicted in  FIG. 5 , the user loosens the locking mechanism  64  by turning the handle  64   a.  The user then slides out the extensible member  63  and locks it in place with the locking mechanism  64 . In an optional step, the user may adjust the fine adjustment device  65 . The user adjusts the fine adjustment device  65  by loosening the jam nut  65   b  and adjusting the adjustment screw  65   a  until the adjustment screw  65   a  touches the tree  100 . The user then tightens the jam nut  65   b  to lock the adjustment screw  65   a  in place.  
         [0043]      FIG. 6   a  illustrates a bottom  15  of the platform  14 . A measuring device  70  operatively connects to the bottom  15 . In the depicted embodiment, the measuring device is connected through the use of spring clamps  72 . The measuring device  70  is used to measure the “lean” of the tree so that a user (not shown) can adjust the tree stand before placement in the tree.  
         [0044]      FIG. 6   b  illustrates a detailed view of the measuring device  70 . The measuring device  70  includes a handle  74 , a support sleeve  76 , a level  78 , and a sliding member  80 . The sliding member  80  includes indicia  82  that indicate units of measurement. The support sleeve  76  is operatively connected to the handle  74 . The sliding member  80  slidably engages the support sleeve  76 . The level  78  is operatively connected to the support sleeve  76 .  
         [0045]     A method of measuring tree “lean” for the purpose of adjusting the tree stand is shown in  FIG. 6   c.  In a first step, the user places the handle  74  against a tree  100 . The user adjusts the measuring device  70  until the level  78  indicates that the support sleeve  76  and the sliding member  80  are horizontal. The user extends the sliding member  80  until it touches the tree  100 . The user notes the indicia  82  and adjusts the adjustment device  12 . The adjustment device  12  is adjusted by either extending or retracting the adjustment fingers. In the embodiment depicted in  FIG. 1 , the adjustment fingers are extended or retracted through rotation.  
         [0046]     A method of assembling a tree stand is also provided. The method comprises the steps of: providing a platform; operatively connecting a first support member to said platform; operatively connecting a second support member to said platform and spaced apart from said first support member; interconnecting said first support member and said second support member with at least one cross-member; and connecting an adjustment device to said at least one cross-member, said adjustment device having at least two adjustment fingers for engagement with the tree, and said at least two adjustment fingers being adjustable relative to one another. Optionally, the method may include the step of connecting at least one fine adjustment device to at least one of said at least two adjustment fingers  
         [0047]     In view of the foregoing, it will be seen that the several advantages of the invention are achieved and attained.  
         [0048]     The embodiments were chosen and described in order to best explain the principles of the invention and its practical application to thereby enable others skilled in the art to best utilize the invention in various embodiments and with various modifications as are suited to the particular use contemplated.  
         [0049]     As various modifications could be made in the constructions and methods herein described and illustrated without departing from the scope of the invention, it is intended that all matter contained in the foregoing description or shown in the accompanying drawings shall be interpreted as illustrative rather than limiting. For example, the adjustment device may be connected to the supports or to the cross-members. Thus, the breadth and scope of the present invention should not be limited by any of the above-described exemplary embodiments, but should be defined only in accordance with the following claims appended hereto and their equivalents.
An apparatus and method for hunting in leaning and non-leaning trees is disclosed. The apparatus includes an adjustable tree stand having top and/or bottom adjustment. Adjustment is provided through the use of an adjustment device attached to a support or a cross-member. The apparatus also includes a measuring device for use in measuring tree "lean." The measuring device connects to the bottom of the tree stand. The method includes making a gross adjustment of the tree stand based upon measurement of tree lean using the measuring device.