Acceptable for flexible links : flexible members, attachment members 0 or 3. Acceptable for secured to : attached to, connected to

Transcription

1 CANADIAN PATENT AGENT QUALIFYING EXAMINATION 2017: PAPER A DRAFTING MARKING GUIDE MARKS BREAKDOWN Candidate # Total # of Exam Pages Received From CIPO CLAIM 1 APPARATUS INDEPENDENT CLAIM 30 MARKS MAXIMUM Sample claim: 1. A bib holder comprising: - a first flexible link and a second flexible link, each of the first flexible link and the second flexible link having a respective first end portion and a respective second end portion; - a first fastener secured to the first end portion of the first flexible link and a second fastener secured to the first end portion of the second flexible link, each of the first fastener and the second fastener configured to fasten to a bib; - a first grip secured to the second end portion of the first flexible link and a second grip secured to the second end portion of the second flexible link; and - a frangible element connecting the first grip to the second grip. Preamble Acceptable: a holder for a bib Acceptable transition: comprising, including first and second flexible links first and second fasteners secured to the first and second flexible links fasteners configured to fasten to a bib Acceptable for flexible links : flexible members, attachment members Acceptable for secured to : attached to, connected to Not Acceptable: fastener (there needs to be some reference to the function of the fasteners because just fastener in isolation is indefinite) first grip and second grip secured to the first and second flexible links spatial arrangement between fasteners and grips frangible element frangible element connecting the 1st grip to the 2nd grip Acceptable: gripping member, gripping element Not Acceptable: handle 0 or 4 Grips and fasteners at opposite ends of respective flexible links. 0 or 6 Acceptable for frangible : irreversibly breakable, fracturable, rupturable, permanently dissociable, configured to irreversibly break upon application of a force etc. Acceptable for element : connector, connecting element Not acceptable: breakable, means, frangible means, single use Acceptable: securing, attaching, joining Not acceptable: between, adjacent, flanked by / flanking, on (without actually being connected) Amount For reciting the bib as an element of the claim 10 For each other superfluous claim limitation or element (e.g., taper, twisting) 5 For unclear language or inconsistencies Max 5 TOTAL INDEPENDENT APPARATUS CLAIM (MINIMUM = 0) /30 0 or 7

2 CLAIMS 2 7 APPARATUS DEPENDENT CLAIMS 12 MARKS MAXIMUM: ONLY THE FIRST 6 DEPENDENT APPARATUS CLAIMS ARE CONSIDERED Claim Element Explanation (only mark the first 6 dependent apparatus claims) Mark Flexible links are (at least one of) straps, chains, strings, cords, Each flexible link is tapered in an area / vicinity of the fastener Frangible element is a web Frangible element is made of brittle plastic Frangible element has multiple portions of which one has a smaller cross section than another Frangible element has a nick or cut or other pre formed weakness Frangible element broken by twisting Frangible element is closer to the first end portion of the first flexible link than to the first end portion of the second flexible link (or closer to one fastener than the other, or not symmetrically disposed) Frangible element is disposed equidistant from the first end portion of the first flexible link and the first end portion of the second flexible link (or equidistant between the fasteners) Fasteners are clips that prevent bib removal / permanently fastenable to bib Fasteners are at least one of alligator clips, magnets, buttons Grips are rubberized Bib holder is biodegradable / made of biodegradable material Flexible links are made of biodegradable material Flexible links are sterile / sterilized Bib holder is sterile / sterilized For each dependent claim that does not have a proper dependency ( 0.5 per claim) For unclear language or inconsistencies (max 0.5 per claim) Total Dependent Apparatus Claims Mark: /12

3 CLAIM 8 Sample claim: METHOD INDEPENDENT CLAIM 12 MARKS MAXIMUM 8. A method of using a bib holder, comprising: - placing the bib holder around a user s neck, the bib holder including a pair of grips; and - manipulating the grips to rupture the bib holder between the grips. Preamble Not acceptable: simply A method Not acceptable: single use (vague and overly structural) Placing Manipulating the grips Not Acceptable: twisting to rupture the bib Acceptable: to rupture the frangible element, thereby to rupture holder Acceptable: to fracture, to break, to permanently separate between the grips Amount For each superfluous claim element 3 For unclear language or inconsistencies Max 4 Total Independent Method Claim Mark: /12 METHOD DEPENDENT CLAIMS 6 MARKS MAXIMUM: ONLY THE FIRST 3 DEPENDENT CLAIMS 9 11 METHOD CLAIMS ARE CONSIDERED Wherein the rupturing comprises twisting, or the claim recites further comprising twisting to cause the rupturing Connecting/attaching/fastening a bib to the bib holder Permanently connecting/attaching/fastening the bib to the bib holder Wherein the connecting/attaching/fastening occurs in two places and/or at either of two ends of the bib holder Wherein connecting/attaching/fastening the bib to the bib holder comprises clipping the bib to the bib holder Claim that specifies a particular order and manner of connecting/placing the bib holder: - connect bib at one fastener, wrap around neck, connect bib at other fastener; - wrap around neck, connect bib at one fastener, connect bib at other fastener; - connect bib at one fastener, connect bib at other fastener, go over user s head Second claim that specifies a different order of connecting/placing the bib holder For each dependent claim that does not have a proper dependency ( 0.5 per claim) For unclear language or inconsistencies (max 0.5 per claim) Total Dependent Method Claims Mark: /6

4 ALTERNATIVE METHOD CLAIMS CLAIM 8 Sample claim (version 1): METHOD INDEPENDENT CLAIM (VERSION 2) 12 MARKS MAXIMUM 8. A method for removing a bib holder from a user s neck, comprising: - gripping the bib holder at a pair of grips; and - manipulating the grips to rupture the bib holder between the grips. Preamble Not acceptable: simply A method Not acceptable: single use (vague and overly structural) Gripping at a pair of grips Manipulating the grips to rupture the bib holder Acceptable: handling Not acceptable: twisting Acceptable: to rupture the frangible element, thereby to rupture to permanently separate between the grips Acceptable: at a frangible element between the grips Amount For each superfluous claim element 3 For unclear language or inconsistencies Max 4 Total Independent Method Claim Mark: /12 CLAIMS 9 11 METHOD DEPENDENT CLAIMS (VERSION 2) Wherein the rupturing comprises twisting, or the claim recites further comprising twisting to cause the rupturing Further comprising discarding the bib holder Removing the bib holder Prior to discarding: disconnecting fasteners from bib For each dependent claim that does not have a proper dependency ( 0.5 per claim) For unclear language or inconsistencies (max 0.5 per claim) Total Dependent Method Claims Mark: /6

5 DISCLOSURE DISCLOSURE/DRAWINGS 40 MARKS MAXIMUM Disclosure/Drawings Element Requirement Mark ABSTRACT Drafted in a way that allows clear understanding of technical problem and gist 0 or 1 NOTE: Independent claims inserted in sentence form may not be fully suitable. For example, even good claims might not be drafted in a way that allows a clear understanding of the technical problem, the gist of the solution of the problem through the invention, and the principal uses of the invention as required by S. 79(4) of the Patent Rules. of the solution through the breaking of the bib holder at the frangible element is consistent with claims and disclosure as drafted does not contain more than 150 words: method and apparatus both need to appear. However, see below: TITLE Example: Bib holder and method for using same. FIELD OF INVENTION Example: The present application relates generally to clothing protection devices and more particularly to a bib holder and a method for using a bib holder. BACKGROUND D1 Design BACKGROUND D2 Acme disposable bib Note: due to wording constraint, the Abstract does not need to parrot the entirety of each of the apparatus and method claims Must be consistent with description / claims as drafted must indicate both apparatus and method aspects Must be consistent with description / claims as drafted must indicate both a general field and a particular field must mention both apparatus and method Must mention chain presence of 2 clips that it holds a napkin that the problem is that it is unsanitary (b/c reusable) Must mention that it is disposable one piece removed by ripping the problem being that it is inconvenient to put on 0 or 1 0 or 1 0 or 4

6 BACKGROUND D3 Neck cord SUMMARY NOTE: If candidate has merely asked that the independent claims be considered inserted in sentence form into this section by reference, it will typically be the case that, even if the inserted claims are very good as claims, they are not fully suitable for the Summary. For example, even good claims might not describe the invention in terms that allow understanding of the technical problem, even if not expressly stated as such, and its solution as required by S. 80(1)(d) of the Patent Rules. Must mention neck cord a clip re attachable connector the problem being (i) that it is unsanitary (b/c reusable) and/or (ii) that it is unstable/prone to movement (b/c single clip) Must include paragraph that uses the same language as the independent apparatus claim must include a paragraph that uses the same language as the independent method claim must include a concise summary of the technical problem and the solution Failing to mention that because the bib holder of the invention is damaged after it is removed from the user, this prevents bib re use and improves sanitation. BRIEF DESCRIPTION OF DRAWINGS Must be correctly described (views) Example: Fig. 1: elevation view of bib holder, including a must be numbered (Arabic numerals) frangible element and fasteners Fig. 2: enlarged fragmentary view of a portion of the must include relationship between the bib holder of Fig. 1 drawings Fig. 3: side elevation view of frangible element of bib holder shown in Fig. 1 must use terms consistent with Fig. 4A/B: enlarged side elevation view of one of the description/claims fasteners of Fig. 1 in open / closed configuration Fig. 5: schematic (or perspective) view of bib holder Note: although 7 figures were provided, not of Fig. 1, worn about a wearer s neck all need to be included. However, anything Fig. 6: schematic view showing breakage of the less than 5 would not be acceptable. frangible element of the bib holder of Fig. 1 0 or 4 ( 2) or 0 Note that order of Figures may be different Sub total before description of embodiments and drawings /18

7 Requirement CONSISTENCY DESCRIPTION OF EMBODIMENTS DRAWINGS If independent apparatus claim as drafted is fully and clearly supported by description and drawings 0 or 4 [claim language used in spec, consistent language used throughout, all elements clearly described] If ALL dependent apparatus claims as drafted are fully and clearly supported by description and drawings (i.e. if one or more dependent claims not fully supported, mark is 0) If independent method claim is fully and clearly supported by description and drawings: If ALL dependent method claims as drafted are fully and clearly supported by description and 0 or 1 drawings (i.e. if one or more dependent claims not fully supported, mark is 0) If proper reference numerals are used in text and drawings (different numerals for different elements, no text matter in drawings, consistent use of reference numerals, etc. Mark COMPLETENESS If the following features are ALL described clearly (if any is missing: 0): bib holder first and second flexible links first and second fasteners secured to the first and second flexible links fasteners configured to fasten to a bib first grip and a second grip are secured to the first and second flexible links spatial arrangement between fasteners and grips such that for each flexible link having two end portions there is a grip at one end portion and a fastener at the other end portion frangible element connects the first grip to the second grip If the following features are ALL described clearly (if any is missing: 0): Flexible links: o Enumerates possible alternatives: Strap, chain, string, cord, o Tapered in an area / vicinity of the fastener o Sterile / sterilized o Plastic o Biodegradable Frangible element: o Web o Plastic (brittle plastic) o Portions one of which of has smaller cross section than another o Nick or cut or other pre formed weakness o Closer to one fastener than the other o In center (equidistant between fasteners) Rupturing the frangible element: o Twisting Fasteners o Clips that prevent bib removal o Alligator clips, magnets, buttons o Metal o Moulded plastic Grips o Rubberized Bib holder (as a whole) is sterile / sterilized Bib

8 If the following features are ALL described clearly (if any is missing: 0): gripping grips of a bib holder manipulating the grips to rupture the bib holder between the grips If the following features are ALL described clearly (if any is missing: 0): the rupturing comprises twisting connecting a bib to the bib holder the connecting occurs in two places and/or at either of two ends of the bib holder clipping the bib to the bib holder permanently fastening the bib to the bib holder placing bib holder around user s neck various orders of placing and connecting: o connect bib, wrap around neck, connect bib; o wrap around neck, connect bib, connect bib again; o connect bib, connect bib again, go over user s head discarding the bib holder after use DEDUCTIONS Non essential element characterized as essential or essential element characterized as optional For unclear or informal language, inconsistencies in language, poorly organized draft Max 3 3 Sub total description of description of embodiments and drawings /22 TOTAL TOTAL MARK 100 MARKS MAXIMUM Independent Apparatus claim Mark on 30 Dependent Apparatus claims Mark on 12 Independent Method claim Mark on 12 Dependent Method claims Mark on 6 Sub total before description of embodiments and drawings Mark on 18 Sub total description of description of embodiments and drawings Mark on 22 Total (click update field ) 0