EXAMINATION INSTRUCTIONS

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Lynette Johns
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1 PPI Claim Drafting Final 2013 Prof. Frerking Student Exam. No. EXAMINATION INSTRUCTIONS General Instructions for Students Using ELECTRONIC BLUEBOOK SOFTWARE: Ø You have 3 hours to complete this exam. Ø Select your Section Leader s name from the Course Name drop down menu in the Electronic Bluebook. Ø This is a closed book Exam. You may not use any materials other than those provided. Ø You may only use a computer to run an Electronic Bluebook program. You may not access anything on the computer other than the Electronic Bluebook program. Ø Internet access is NOT permitted during the exam. Ø You may not use an electronic communication device during the exam. Ø In addition to this page of Examination Instructions and the Claim Writing Instructions on the next page, your examination packet includes the following items: o Invention Disclosure ( 3 Pages) o Figures for the Invention Disclosure ( 3 Pages) o Prior Art Description and Figure ( 3 Pages) CHECK NOW TO VERIFY THAT YOU HAVE ALL OF THESE ITEMS. COUNTING THIS PAGE, YOU SHOULD HAVE A TOTAL OF 11 PAGES. General Instructions for Students Using PAPER BLUEBOOKS: Ø You have 3 hours to complete this exam. Ø Write both your Exam Number and your Section Leader s name on your Bluebook. Ø Do NOT put your name on this Exam or on your Bluebook. Ø This is a closed book Exam. You may not use any materials other than those provided. Ø You may not use a computer or electronic communication device during the exam. Ø Write in ink in the Bluebook. Ø Write on only one side of the page in the Bluebook. Ø Write neatly in the Bluebook. No credit will be given for any word about which there is any question. Ø In addition to this page of Examination Instructions and the Claim Writing Instructions on the next page, your examination packet includes the following items: o Invention Disclosure ( 3 Pages) o Figures for the Invention Disclosure ( 3 Pages) o Prior Art Description and Figures ( 3 Pages) CHECK NOW TO VERIFY THAT YOU HAVE ALL OF THESE ITEMS. COUNTING THIS PAGE, YOU SHOULD HAVE A TOTAL OF 11 PAGES.

2 Page 2 of 11 Claim Writing Instructions: Ø Read the Invention Disclosure for a Microwaveable Package for Food Products and the Prior Art descriptions carefully. Ø In your Bluebook, please provide answers to the following two questions: 1. Write a short (two or three sentences maximum) description of each of three different commercially significant invention settings (e.g., a claim directed to the most likely way in which the invention will be sold, a royalty base claim, etc.) on which you intend to write independent claims. This will not be graded, but will serve as a guide to your claims. 2. Write a complete claim set including: Three independent claims, directed to the three different commercially significant invention settings for the invention that you described in question (1). You may write apparatus or method claims, but at most one of your independent claims may be a method claim. Your three independent claims should include no unnecessary limitations, and must be broad enough to cover (if directed to an apparatus) at least the embodiments of the ventilated microwave susceptor shown in FIGS. 3 and 5. Your claims must also avoid the prior art. (60% of score 20% per independent claim) For each of your three independent claims, write two claims that depend from that independent claim. Your total of six dependent claims should provide good fallback positions, in case one or more of the independent claims proves invalid or unpatentable. (20% of score) Ø The remaining 20% of the score will be based on claim drafting mechanics for all of the claims. Ø For question (2), you should have a total of nine claims three independent claims and six dependent claims. Ø All claims must be supported by the invention disclosure. Ø Do not use means-plus-function language. Ø Number the nine claims for question (2) as though they are being filed in a patent application and they are the only nine claims included in that application. (If you are using the Electronic Blue Book software you should write the nine claims in a single window as an answer to one question.) Ø Your claims should be presented in your Bluebook in the order that you would present them in a patent application. You need not present them in the order given above in question (2). Ø Each of the claims must particularly point out and distinctly claim the invention over the prior art documents without having unnecessary limitations. Claims that are written too broadly and read on the prior art will be graded as unsatisfactory. Ø For question (2), all draft versions of claims should be written on scratch paper. Write only the final version of your claims in the Bluebook. Ø Only the nine claims asked for above will be graded. While your answer to question (1) will not be graded, it will be read, and used as a guide to the invention settings on which you chose to write claims. Aside from the short descriptions given in question (1) and the claims of question (2), any additional material provided, including extra claims or explanations, will NOT be considered and should NOT be written in the Bluebook.

3 Invention Disclosure for a Microwaveable Package for Food Products Page 3 of 11 Over recent years the popularity of food items that may be stored in a refrigerator or freezer and subsequently transferred to a microwave oven for cooking or reheating has risen. Consumers prefer such food products to be provided in containers suitable both for storage in refrigerators or freezers and for heating the food product by subjecting it to microwave radiation. Such products may be purchased as chilled or frozen items that can be stored at home and subsequently heated in a microwave oven. Alternatively, such products may be purchased from vending machines comprising a refrigerated unit and a microwave oven unit. For certain food products, it is difficult to achieve an acceptable result. These include food products that need to develop a crust or that require a degree of browning, which cannot be achieved by the simple use of microwave heating. For these types of food products, the use of microwave susceptors has improved the achievable results. Microwave susceptors are devices having an electrically conductive layer that is heated when exposed to microwave energy. The susceptor absorbs a portion of the microwave energy and converts it into heat, which can be used to brown and crisp foodstuffs. Conventional packages that utilize susceptor technology have several disadvantages. For example, conventional packages may not provide sufficient ventilation to permit steam produced by the food product during cooking to escape. This captured steam may reduce the effectiveness of the susceptors by permitting moisture to be reintroduced into the food, thereby resulting in undesirable cooling and moistening of the food product. Furthermore, conventional packages often do not provide intimate contact between the susceptor material and the surface of the food product, resulting in reduced heat transfer between the susceptor and the food product. FIG. 1 shows a microwaveable product 10, including a package 16, a food product 12, and a susceptor 14 that may be used to provide a browned, crusted, crisped, etc. surface over at least a portion of a surface of food product 12 once cooked. Susceptor 14 may include a conductive or metallic (e.g., aluminum, etc.) layer of material and may be positioned within package 16 such that the susceptor 14 maintains intimate contact with food product 12 over substantially the entire area of susceptor 14. During cooking, as susceptor 14 encounters microwave energy, a portion of the energy may be reflected, a portion of the energy may be absorbed, and a portion of the energy may be transmitted. Energy that is reflected by susceptor 14 is reflected, e.g., back into the cavity of a microwave oven. Energy that is absorbed by susceptor 14 is converted into heat within the metallic (e.g., aluminum) layer of susceptor 14 and is transferred to surface 18 of food product 12 and facilitates crisping and browning of food product 12. Energy that is transmitted by susceptor 14 may pass to the body of food product 12 as microwave energy and serve to heat food product 12. As shown in FIG. 1, susceptor 14 may be ventilated (e.g., perforated, slit, including ventilation apertures or holes, etc.). Ventilating microwave susceptors to release fluids such as steam, water vapor, etc. generated as a result of the cooking of bread, rolls and biscuits and similar products is intended to maximize the heat available for crust formation and browning, and reduce separation between the susceptors (e.g., susceptor 14) and the surface of food products (e.g., food product 12). During cooking, ventilation of susceptor 14 allows steam generated by the microwave cooking process to pass from the surface of food product 12 by the shortest possible route to the atmosphere. This is intended to ensure that contact between food product 12 and susceptor 14 is maintained and there is minimal or no separation due to the build up of steam pressure at the surface (e.g., crust) of food product 12. Such separation is undesirable because it prevents heat conduction and creates an additional cooling effect due to the passage of steam between

4 Page 4 of 11 susceptor 14 and the surface of food product 12, which adversely effects the crispness and browning of the surface or crust. Furthermore, where a ventilated susceptor such as susceptor 14 may be used to re-crisp or finish the crusting of pre-baked (or partially pre-baked products), ventilated susceptor 14 provides a more desirable result compared to known packaging solutions because the driven-off steam is ventilated to the atmosphere more quickly without being reabsorbed into the crust, and the crust therefore reaches a higher temperature and is less likely to become soggy due to exposure to steam. Referring now to FIG. 2, the structure of a susceptor 50 is shown that may provide a lower-cost alternative to more conventional susceptor structures, while also facilitating formation of ventilation slits. As shown in FIG. 2, susceptor 50 may include a substrate 52 (e.g., cardboard, etc.) upon which a conductive ink 54 (e.g., a conductive graphite ink, etc.) may be applied (e.g., by a printing process). Substrate 52 may be made from a paper material (e.g., cardboard, etc.), which avoids the use of higher cost polymer substrate films or other substrate materials. Alternatively, other materials may be used, including various types of polymer substrates. Furthermore, while conductive ink 54 is shown as a conductive graphite ink, conductive ink 54 may include other conductive materials or metallic materials. The process used to apply conductive ink 54 to substrate 52, and the thicknesses of substrate 52 and/or conductive ink 54, may be varied to suit particular applications. By applying the conductive ink using a printing process, susceptor 50 may be produced efficiently at high volumes. Additionally, by using a substrate 52 made from a paper material, ventilation slits or perforations may be formed in the susceptor 50 using conventional methods for cutting or perforating paper or cardboard, either before or after the susceptor is printed onto the substrate, depending on the printing process that is used. Referring to FIGS. 3 and 4, susceptor 14 may be ventilated by providing a number of pre-cut slits 20 in susceptor 14. As shown in FIGS. 3 and 4, the slit patterns of adjacent rows of slits 20 may be offset relative to one another in order to maintain the structural integrity of susceptor 14. Slits 20 may be approximately 14.0 mm in length, and slits in the same row may be spaced approximately 3.0 mm apart, with adjacent rows being spaced apart at a distance of approximately 3.0 mm. The slit pattern may be chosen in order to maintain the mechanical integrity of susceptor 14 and ensure proper crusting or browning of the surface of food product 12. If the slit pattern is too fine in pitch (e.g., such that the rows of slits 20 are too close), not only may susceptor 14 become inherently mechanically weak, leading to failure (e.g., tearing, etc.) of susceptor 14 when being removed from food product 12 after cooking, but the heating efficiency of susceptor 14 may be adversely affected when the strip width between slits decreases as a result of failure (e.g., deterioration during cooking) of the metallic layer of the susceptor 14. FIG. 3 shows an example perforated pattern of susceptor 14, and although there are slits 20 through the susceptor material to allow ventilation, the whole area of susceptor 14 remains active (e.g., to brown or crisp food product), enabling even browning of the surface of food products and free flow of steam through susceptor 14 to the atmosphere (ventilation). For example, FIG. 4 shows perforated susceptor 14 of FIG. 3 slightly stretched so that the pattern of perforation and gaps 22 are more clearly illustrated. Referring to FIG. 5, an alternative configuration of the ventilation slits is shown. Susceptor 15 may include a number of slotted areas 17 (e.g., generally square, rectangular, or other shaped areas or groups), each including one for more generally parallel slits. Areas 17 may be configured such that the slit patterns of adjacent areas are at approximately 90 degrees (or, alternatively, other predetermined orientations, such as 30 degrees, 45 degrees, etc.) orientation with respect to each other. As shown in FIG. 5, areas 17 may form a "parquet" pattern of

5 Page 5 of 11 ventilation slits for a susceptor. Such a parquet pattern may resist undesirable irregularities in the ventilation provided by susceptor 15 during use as compared with more conventional susceptors or other ventilated susceptor patterns. Where a ventilated susceptor (e.g., susceptor 14 shown in FIGS. 3-4, susceptor 15 shown in FIG. 5) is applied to pre-baked products, no additional support may be necessary. However, when susceptors are used with un-baked or partially baked food products, it may be necessary to provide a support member in order to properly support the susceptor during the cooking process. The support member is intended to ensure the correct shape of the final product and to prevent rising dough from being extruded into the slits and becoming mechanically locked to the susceptor (e.g., as a result of the dough expanding). Referring to FIGS. 6 and 7, a support member 42 may be provided as a solid board or card member, slit in a similar manner to susceptor 14. As shown in FIG. 7, support member 42 may be secured to susceptor 14 such that slits 43 in support member 42 are at a 90 degree orientation relative to slits 20 in susceptor 14. Orientating susceptor 14 and support member 42 in this fashion assists in maintaining the structural integrity of susceptor 14 and aids in preventing food product from extruding through slits 20 in susceptor 14 and/or support member 42. Referring to FIG. 8, a product 160 is shown as a sleeve pack or sleeve warmer, and may include a package 162, a susceptor sleeve 164, and a food product 166. Package 162 may be a generally elongated, flexible package made from a suitable paper or polymer material and may include an easy-open feature such as a tear strip, etc. Susceptor sleeve 164 may be a generally tubular member comprising a relatively stiff structural member in the shape of a tube and one or more portions of susceptor material. For example, two pieces of susceptor material may be coupled to the structural tube portion in locations generally corresponding to the top and bottom surfaces of the food product, which may be a generally elongated bun, roll, etc. Alternatively, a single portion, or more than two portions of susceptor material may be used. Food product 166 may be a bread product that may be partially baked prior to packaging. Alternatively, food product 166 may be raw or fully baked prior to packaging. The susceptor materials of sleeve 164 may be chosen to provide an appropriate amount of browning and/or crisping to the surface of food product 166. The embodiment illustrated in FIG. 8 may provide many benefits over traditional susceptor packaging methods, including providing good shelf-standout for the product, creating a familiar browned and crispy shape of a biscuit, bun roll, etc., and being easy to use by consumers. [end of description of the invention]

6 FIGURES 1 8 FOR THE INVENTION DISCLOSURE Page 6 of 11 FIG. 1 FIG. 2 FIG. 3 FIG. 4

7 Page 7 of 11 (rm E 1% W i FIG. 5 FIG. 6 FIG. 7

8 FIG. 8 Page 8 of 11

9 Page 9 of 11 PRIOR ART US Patent 4,894,247, issued on January 16, 1990 to Dan S. C. Fong describes a fibrous microwave susceptor package. As shown in Fig. 1 (shown below) a pair of microwavable food items 10 (egg rolls, in this example) are placed on a sheet 11 of a composite material, which includes a portion 12 that can be folded over to cover the food items 10, so that the composite material is in close contact with the surface of the food items 10. The composite material is a fibrous material, in which the fibers are coated and/or imbibed with one or more microwave susceptor materials, such as nickel, antimony, copper, molybdenum, bronze, iron, chromium, tin, zinc, silver, gold, aluminum, and alloys, etc. The amount of said susceptor material is sufficient to generate adequate heat to rapidly brown or crisp the surface of the food items adjacent thereto without substantially impeding the ability of the microwave energy to penetrate the susceptor material and cook the food items. The fibrous material is fabric-like, and is therefore permeable to liquids and vapors, such that moisture produced during cooking can readily penetrate the fabric or evaporate, thus preventing the surface of the food items 10 from becoming soggy. 10 J i L

10 Page 10 of 11 US Patent 4,970,358, issued on November 13, 1990 to Brandberg et al. describes a printed microwave susceptor. Microwave intractive particles such as a metal, metal oxide, carbon or graphite that absorbs microwave energy to produce heat in a microwave oven are suspended in an ink 19, and are printed onto a microwave transparent sheet 10, e.g. paper, paperboard or plastic (see Fig. 1 below) to form a printed microwave susceptor 26. As shown in Fig. 2, the printed susceptor 52 may include regions 56, 58, and 60, printed with varying halftone patterns of the microwave interactive particles, to provide areas that heat to varying degrees when used in a microwave oven. 6 FIG. 2

11 Page 11 of 11 US Patent 6,818,873, issued November 16, 2004 to Savage et al. describes a microwavable food product. As shown in Fig. 1, the food item 50 (in this example, a sausage roll) is surrounded by an elongate sleeve 32, which includes one or more microwave susceptor surfaces and a tear strip 42, providing easy access to the food item 50 when the package 10 is opened. The food item 50 and sleeve 32 are contained within a wrapper 12 with sealed ends 20 and 22. The sealed wrapper 12 may be filled with a gas that provides preservative properties and controls the venting of the container during the heating process. The contained gas may be selected from a group of gases including one or a combination of nitrogen, carbon dioxide, argon, helium, oxygen, carbon monoxide or other gases. When heated in a microwave, during the first approximately 20 seconds, the microwave energy rapidly heats the food item 50 through the open ends of the sleeve 32 and expands the gas mixture in the wrapper 12, increasing the pressure in the container and generating steam. After about 20 seconds, the sealed ends 20 and 22 of the wrapper 12 partially open in response to the increasing pressure, thereby releasing the gas and steam mixture and ensuring that the bread component of the food item 50 does not become soggy. During the remaining 70 seconds of cooking time, microwave heating of the meat component of the food item 50 continues to a temperature of 70 C. The susceptors in the sleeve 32 will by this time have reached a temperature of about 200 C., which will heat the bread component with radiant heat, browning and crisping the bread component of the food item 50.

Microwave popcorn package

! ( 3 of 7 ) United States Patent 6,126,976 Hasse, Jr.,! et al. October 3, 2000 Microwave popcorn package Abstract A microwave popcorn package including a container having a bottom wall, an open top and