PATENT AGENT EXAMINATION PAPER A

Transcription

1 Page 1 of 28 PATENT AGENT EXAMINATION PAPER A 2017 Dear Candidate, Paper A is a patent drafting exercise in which you are being requested to prepare a full patent specification, with significant weight (60%) given to the claims. A description of the technology as the hypothetical inventor understands it is provided in the form of a meeting transcript. The inventor has also provided the attached drawings. You are to assume that there is no more relevant prior art than what is mentioned in the meeting transcript. You are cautioned not to impart your own knowledge of the subject matter into your analysis and preparation of the patent application. On the basis of the client's description, drawings, and the known prior art, taking into account what the inventor tells you are his/her observations, prepare a patent application. Please note: - The Petition and other such formal portions of an application are not required; - Titles for sections of the patent application must be provided to assist with correction; - Order of sections of the patent application is not important for Exam purposes. Claims You are required to submit a first independent claim of the apparatus type (30 marks), six dependent apparatus claims (12 marks, 2 marks each), a second independent claim of the method type (12 marks) and three dependent method claims (6 marks, 2 marks each). You are to ignore any issues relating to unity of invention.

2 Page 2 of 28 NOTE: FOR THE DEPENDENT CLAIMS, MARKS WILL BE GIVEN FOR ONLY THE FIRST 6 DEPENDENT APPARATUS CLAIMS, AND FOR ONLY THE FIRST 3 DEPENDENT METHOD CLAIMS. ADDITIONAL CLAIMS WILL NOT BE MARKED. Description of the Embodiments While clever, the inventor is unlikely to have provided language, structure and organization appropriate for a patent application. Accordingly, full marks for the description will not be awarded for merely copying the transcript and, historically, lower marks have been awarded for exclusively cutting and pasting portions from the examination itself. The description should not simply consist of an enumeration of the elements on each figure. The description must address with more details the point(s) of invention including the subject matter recited in the dependent claims. Alternative embodiments provided by the inventor should also be discussed. Drawings You have been provided with duplicate unmarked copies of the drawings for your use.

3 Page 3 of 28 MARK BREAKDOWN Apparatus claims Method claims Claim 1 independent 30 Claim 8 independent 12 Claim 2 dependent 2 Claim 9 dependent 2 Claim 3 dependent 2 Claim 10 dependent 2 Claim 4 dependent 2 Claim 11 dependent 2 Claim 5 dependent 2 Claim 6 dependent 2 Claim 7 dependent 2 Subtotal 60 Disclosure Abstract 1 Summary of the Invention 3 Title 1 Description of the Drawings 2 Field of the Invention 1 Background of the Invention 10 Description of the Embodiments (marks are allotted for proper reference to the drawings) 22 Subtotal 40 TOTAL 100

4 Page 4 of 28 The following is a transcript of an interview between you and an inventor. Subsequent the interview, the inventor instructs you to prepare and file a patent application in Canada, for the invention discussed during the interview. Transcript of the interview You: Please tell me about your invention. Inventor: I have invented a bib holder that addresses the risk of infection in patients receiving dental care. I haven t shown my bib holder to anyone yet, but I plan on approaching a company in about a month and am about to have two hundred of my bib holders made. I will give those away to dental clinics so I can get some feedback from dental professionals and hopefully have orders for a lot more bib holders. I ll give you some background. During dental procedures, it is common to have saliva, blood, teeth fragments and other detritus flow out of the patient s mouth. For this reason, a bib is placed on the patient s front torso to prevent soiling of the patient s clothes. The bib is often held in place by a holder that has a pair of clips connected to a chain that runs along the nape of the neck of the patient. Once the dental procedure is finished, the bib is disconnected from the clips and discarded. The holder can be reused. However, even though the holder can be cleaned before being used again, it is not possible to ensure that the holder is properly disinfected. This exposes the next patient and the dental staff to germs left behind on the holder during the previous dental procedure. The goal of my invention is to encourage the dentist or hygienist to discard the bib holder with the bib after use. I ve brought figures that show you what I am talking about. Firstly, there is a bib made of absorbent tissue, and there may be a layer of polymer which underlies it to create a moisture barrier. The holder has straps with clips at the ends to Transcript

5 Page 5 of 28 connect to the bib. To use the bib holder, the dental assistant places it around the patient s neck and clips on a bib. Typically, the patient is lying down but for some procedures they may be sitting. The clips used in the prototype shown in the figures can t be removed from the bib once the bib is connected to the holder. In the middle of the holder there is a frangible element that breaks when twisted. You: Can you explain what you mean by breaks when twisted? Inventor: Well, my holder has a pair of grips placed next to the frangible element. After the dental procedure, the dental professional twists the grips in opposite directions to break or rupture the element and then discards the bib and the broken holder. The damage inflicted to the frangible element is irreversible: once broken, the frangible element cannot be put back together. It can only be used a single time. You: Can you give me more details on the frangible element? Inventor: The frangible element in the prototype shown in the figures is a web that has a portion of its cross section smaller than the rest. You: So, the material of which the frangible element is made is breakable and the bib holder is disposable. Isn t that bad for the environment? Inventor: The material of the frangible element is a biodegradable plastic, which will satisfy those customers concerned about the environment, but this is not a requirement. In fact, with respect to the entirety of the holder and as far as other materials are concerned, any plastic material can be used, regardless of whether or not it is biodegradable. You could also use materials other than plastic. Also, different materials could be used for different parts of the holder. For example, the straps could be made of plastic and the clips could be made of metal, while in some cases the grips at the ends of the strap portions could be rubberized. The frangible element can be made of brittle plastic. Transcript

6 Page 6 of 28 You: Please go on. Inventor: I have also thought of other ways of making the frangible element. In some cases, the web has a score or cut or nick that will make the element frangible and cause it to rupture when the grips are manipulated. The frangible element can be anywhere along the length of holder as long as it is flanked by the grips. I recognize that dentists work from a side position, so the grips can be placed on the holder in an area that will be near the side of the patient s neck. However, the grips could also be positioned so that the dental professional needs to reach behind the patient s neck to grip the grips. Note how convenient and mess free it is to simultaneously remove both the bib and the bib holder from the patient after the dental professional has gripped the grips and manipulated them to rupture the frangible element. You: Tell me about the straps. Inventor: They actually don t need to be straps. One can use any type of flexible link, such as strings, chains, or cords. I have also found that tapering the ends of the straps facilitates rotating the clips to attach the bib, so the taper is a nice option to have. However, the manufacturing cost is higher despite the smaller amount of material used to construct the tapered straps. You: So the straps are used to place the bib holder around the patient s neck and then connect the bib with both clips to the bib holder? Inventor: Indeed. Alternatively, you could connect one clip to the bib, then place the bib holder around the patient s neck, and finally connect the other clip to the bib. Another option is to first connect both clips to the bib, then pass the bib holder over the patient s head. Although it s not essential, it is better if the clips are spaced from each other when they are connected to the bib because the bib will have less of a tendency to move on the patient s torso and the top corners of the bib will be less likely to bend down on their own. The further apart you clip the clips from each other, the better. Transcript

7 Page 7 of 28 You: Can you tell me more about the clips? Inventor: The clips that are shown are made of moulded plastic, which is flexible. The clips have a pair of legs. When the legs are open, the bib is inserted and the legs are then closed. The ends of the legs push against the bib and lock the bib in place between the legs. This particular clip has a boss that impedes side to side movement of the legs with respect to each other; this prevents the clip from being opened and the bib released. The strap connects to the clip using known techniques such as gluing or by fusing the plastic strap and the plastic clip. The grips can also be made of plastic. I ve tried to make the holder without grips but found that the holder does not work without them. You: The clips in the prototype of the figures appear to be made to close just once. Why? Inventor: That way, once the bib is attached to the clips, it can t be removed without tearing. I have tried using other types of fasteners that can fasten to a bib and found that they sometimes don t work as well as the clips of my prototype. So the high end model of the bib holder will include clips from which a bib cannot be removed. But I do expect that fasteners that can be used multiple times over (such as alligator clips, button clips, magnet clips etc.) will probably be used in a lowest cost model of the bib holder. In all cases, having the holder rupture at the frangible element encourages throwing away of the bib with the broken holder rather than reusing it, and this is true even with a bib holder equipped with a pair of reusable fasteners. That is because it is easier to grip the grips and break the bib holder than to unfasten the two reusable fasteners from the bib. Also, I tried using only one clip, but it doesn t work. With only one clip, the bib holder does not hold the bib in a stable position it keeps moving and no longer covers the patient properly, which defeats the whole purpose. This is why I provided a clip at each end. Besides, the dental professional will appear as doing his/her best with preventing infections when the patient sees him/her breaking the holder and discarding the used bib with the broken holder. You: Do you intend to sell bibs with your holders? Transcript

8 Page 8 of 28 Inventor: This would make sense because the dentist s purchasing decision would be simplified. However, I simply can t compete on price against the existing high volume manufacturers of bibs. So for the time being, I intend to focus on selling just my bib holders. You: Is there anything else you d like to add regarding manufacturing or your target market? Inventor: In some scenarios, the dentist or other dental or medical professional may need to work in a sterile environment, which isn t a problem for me since I can sterilize my bib holders at the factory and ship them in sterile packaging. I just need to select a material for the bib holder that can be sterilized during manufacturing. There are many different types of plastics that satisfy this condition. I also plan to offer color options for the bib holder some clients like particular color schemes for their clinic. I m also considering making a line of bib holders having the same features but to be used in restaurants, or even at home. Parents of small children could use these bib holders to attach regular napkins about the neck of their children and use the napkins as bibs. In all cases, two fasteners are needed to hold the bib. Also, I conducted a search and uncovered one issued patent (the claims are missing for some reason), one registered design and a brochure from my competitor. Transcript

9 Page 9 of 28 FIG. 1 Drawings of the invention

10 Page 10 of 28 FIG. 2 Drawings of the invention

11 Page 11 of 28 FIG. 3 Drawings of the invention

12 Page 12 of 28 Clip Holder Clip Bib Drawings of the invention

13 Page 13 of 28 FIG. 5 Drawings of the invention

14 Page 14 of 28 United States Patent [19] [11] Patent Number: D3XX,XXX Clark [45] Date of Patent: Apr. 7, 1998 [54] COMBINED DECORATIVE CHAIN AND CLIP NAPKIN HOLDER [75] Inventor: Kent CLARK, Las Vegas, NV [21] Appl. No.: 7Z,ZZZ [22] Filed: Sep. 5, 1997 [57] CLAIM The ornamental design for a combined decorative chain and clip napkin holder, as shown. DESCRIPTION FIG. 1 is a front elevation view of a combined decorative chain and napkin holder showing my new design; FIG. 2 is a rear elevation view thereof; FIG. 3 is a left side elevation view thereof; FIG. 4 is a right side elevation view thereof; FIG. 5 is a top plan view thereof; FIG. 6 is a bottom plan view thereof; FIG. 7 is a front elevation view thereof with the body and napkin shown in broken lines for illustrative purposes only and forming no part of the claimed design. 1 Claim, 3 Drawing Sheets D1

15 Page 15 of 28 U.S. Patent Apr. 7, 1998 Sheet 1 of 3 D3XX,XXX D1

16 Page 16 of 28 U.S. Patent Apr. 7, 1998 Sheet 2 of 3 D3XX,XXX D1

17 Page 17 of 28 U.S. Patent Apr. 7, 1998 Sheet 3 of 3 D3XX,XXX D1

18 Page 18 of 28 ACME DISPOSABLE BIBS ACME Disposable Bibs are the industry s most affordable and easy-to-use bibs. They are specifically designed to effectively protect a wearer s clothes against stains during feeding. The one-piece construction of the ACME Disposable Bib facilitates use compared to other products that need to be tied behind the neck. Each ACME Disposable Bib is formed from a rectangular sheet of absorbent tissue. A hole is formed near the top of the sheet of tissue to form a head opening and a band for holding the bib around the wearer s neck. To use the ACME Disposable Bib, the head of the user is inserted through the head opening such that the bib rests against the chest of the user. The head opening is specially designed to ensure that the band of tissue comfortably rests against the nape of the user s neck. D2

19 Page 19 of 28 To remove the ACME Disposable Bib, the user, or a person assisting the user, simply pulls down on the bib until the tissue rips. This allows easy removal and ensures that the user will not get stained by passing the bib back over his/her head. The bib can then be thrown away. ACME Disposable Bibs are offered in infant, children and adult sizes and in a variety of colors and patterns. ACME Disposable Bibs are delivered in boxes of 50, 100 or 200 bibs. The bibs are individually folded and stacked inside the box and can be pulled out of the box one by one through a convenient opening on the side of the box. For additional protection, try the Deluxe ACME Disposable Bibs that have a layer of polymer under the layer of tissue to provide a moisture barrier. For more information call : ACME-BIB -or- Order online at ACME BIB Inc. D2

20 Page 20 of 28 United States Patent [19] [11] Patent Number: 5,YYY,YYY Price [45] Date of Patent: July 2, 1991 [54] NECK CORD [75] Inventor: Joe PRICE, Smallville, IL [73] Assignee: Neck Cord Co., Smallville, IL [21] Appl. No.: 07/ABC,DEF [22] Filed: Mar. 20, 1989 Primary Examiner - Wayne, B. Attorney, Agent or Firm - AAA LLP [57] ABSTRACT A neck cord construction including a strap forming a closed loop of flexible material adapted to be disposed about a part of a human body, a mounting element on the loop at a fixed location thereon for mounting an object to be displayed or used by the wearer of the neck cord, and a clip assembly defining a location whereat the loop may be open and closed. 8 Claims, 1 Drawing Sheet D3

21 Page 21 of 28 U.S. Patent No. 5,YYY,YYY D3

22 Page 22 of 28 NECK CORD FIELD OF THE INVENTION This invention relates to an assembly that includes a strap that is adapted to be placed about a body part, such as a neck cord or the like. BACKGROUND OF THE INVENTION There are many types of articles that include a strap to be worn about a part of the body which may be generically termed neck cords. In many cases, these neck cords are fitted with some sort of a mounting element such that another article may be attached to the strap. For example, identification cards may be affixed to neck cords. Sports officials frequently will attach whistles to loops worn about the neck. While such uses of neck cords are advantageous, they are not without their drawbacks. For example, a worker around machinery and wearing an identification card as is a fairly common occurrence attached to a loop worn about the neck can be severely injured if the loose identification card attached to the neck cord becomes caught in the machinery and pulls the worker into the machinery. Similarly, unruly fans at sporting events might grab a sport official's whistle or the like such that injury could occur to the sports official if he could not break away from the fan. The present invention is directed to overcoming one or more of the above problems. SUMMARY OF THE INVENTION It is the principal object of the invention to provide a new and improved neck cord construction that may readily detach and then be reattached. It is also an object of the invention to provide a hook assembly whereby an object may be secured to a strap or a neck cord as well as a clip assembly for use in the neck cord construction. The clip assembly may open and be pulled free from the wearer while permitting closing of the loop thereafter such that the loop may be used again. DESCRIPTION OF THE DRAWINGS FIG. 1 is a perspective view of a neck cord made according to the invention; FIG. 2 is a plan view of a male fixture forming part of a clip assembly; FIG. 3 is a side elevation of the male fixture; FIG. 4 illustrates a completed clip assembly in assembled condition including both male and female parts; and FIG. 5 is a view of a mounting element, specifically, a hook, with parts broken away for clarity. DESCRIPTION OF THE PREFERRED EMBODIMENT An exemplary embodiment of a neck cord made according to the invention is illustrated in FIG. 1 and is seen to include an elongated strap 10 of flexible material such as plastic or cloth. Two ends 12 and 14 of the strap 10 come together and are joined to a mounting element in the form of a hook 16. The hook 16 may be utilized to mount, for example, an identification card 18, to the strap 10. Typically, with the strap ends 12 and 14 brought together, a closed loop is formed as illustrated in FIG. 1 which may be placed about some part of the body of the wearer. In the embodiment illustrated, the neck 20 of an individual wearing the neck cord is shown in dotted lines. According to the invention, the strap 10 includes a clip assembly, generally designated 22. The clip assembly 22 includes interengaging male and female parts 24 and 26 which may separate to allow the strap 10 to be pulled free from the part of the human body about which it is placed. Of particular concern is the fact that the clip assembly 22 be located at a point remote from the fixed location on the strap 10 whereat the mounting element or hook 16 is located. It is preferable that the breakaway assembly 22 be disposed to be at the side of the neck as seen in FIG. 1. The purpose of locating the clip assembly 22 remotely from the hook 16 is as follows. Were the object 18 mounted on the hook 16 be caught in machinery, if the clip assembly 22 were in close proximity to the hook 16, it could also get caught in the machinery quite rapidly and before it had a chance to separate. In such a case, it would be of no use. Similarly, in the case of the sports official who may be accosted by an unruly fan, if the clip assembly 22 is too close to the hook 16, the fan could possibly grab the strap 10 at a location D3

23 Page 23 of 28 between the clip assembly 22 and the body part 20, again resulting in the clip assembly being completely ineffective. The construction of the clip assembly is illustrated in FIGS. 2, 3 and 4 and reference will now be made thereto. The male fixture 24 includes a base 30 in the form of a rectangular solid of plastic or the like. The base 30 includes an interior recess 32 which is adapted to receive an end of the strap 10 which may be glued or solvent welded therein. Opposite of the recess 32, the base 30 includes a bifurcated projection, generally designated 34, terminating in a circular tip 36. In the preferred embodiment of the invention, the projection 34 is defined by two fingers 38 and 40 integrally formed on the base 30 and each terminating in a semi-circular end 42. The ends 42 are not strictly semi-circular, being provided with rounded noses 44 for purposes to be seen. The facing edges of the fingers 38 and 40 are defined by parallel edges 46 at the semicircular ends 42 which then merge into a triangular recess 48 that extends almost back to the base 30. The female fixture 26 is also in the form of a rectangular solid, also of plastic, and includes a strap receiving recess 50 identical to the recess 32. Oppositely of the recess 50, the female fixture includes a circular opening 52 which thus defines a circular interior recess within the fixture 26. A mouth 54 extends from the end of the fixture 26 opposite the recess 50 inwardly to the circular recess 52 and is defined by converging side walls 56. The side walls 56 are shaped and angled so as to snugly receive the fingers 38 and 40. It will be noted that where the mouth 54 joins the recess 52, the side walls 56 are spaced apart a distance less than the diameter of the circular tip 36 but are sufficiently wide so that the walls 56 may cam the semi-circular ends 42 towards each other and allow circular tip 36 to enter the recess 52 and return to its normal configuration to secure two fixtures together. The rounded noses 44 facilitate this mode of assembly. When a separating force is applied to the fixtures 24 and 26, the circular shape of the recess 52 and the tip 36 allows the fingers 38 and 40 to be cammed towards each other such that the projection 34 may be pulled free from the recess 52 and the mouth 54 thereof. It should be noted that the separating force may be applied by pulling the neck cord apart in different directions (e.g., as may occur when the clip assembly is caught in machinery) or by gripping the fixtures 24 and 26 and pulling them apart. Once separated, the fixtures 24 and 26 can be joined again in the manner described above. FIG. 5 illustrates a preferred form of the mounting element or hook 16. As can be seen, the same includes a base 60 including a strap receiving recess 62 therein. The recess 62 is preferably identical to the recesses 32 and 50. As illustrated, the ends 12 and 14 of the strap 10 are disposed within the recess 62 and are bonded therein and to each other by adhesive or a solvent weld 64. Extending from the base 60 oppositely of the recess 62 is an integral, relatively thick, stiff hook element 66 having a redirected end 68 facing the base 60. Extending from the base 60 in adjacency to the hook 66 is a relatively thin finger 72. The finger 72 is integral with the base 60 and typically the mounting element will be made of plastic to provide for some resilience of the finger 72. The finger 72 terminates in an end 74 which is inward of the end 68. The finger 72 and the hook 66 join the base 60 at an interface and to provide for hinge like action whereby the finger 72 may be moved between the solid and dotted line positions, a recess 76 is located at the interface. As illustrated, in a preferred embodiment, the recess 76 is semi-circular in section. From the foregoing, it will be appreciated that the invention provides a neck cord that may be worn safely at all times by reason of the clip assembly. Thus, it is ideally suited for use in carrying identification cards in areas wherein machinery is operating or may be used by sports officials to carry whistles or the like. Advantageously, when a separating force is applied to the clip assembly, the clip assembly can be reattached such that the neck cord can be used again. Obviously, use of the neck cord is not limited to those specific instances. D3

24

25

26

27

28