Page 1 of 42 PATENT AGENT EXAMINATION Paper B Wednesday April 20, 2016 9:00 am to 1:00 pm INSTRUCTIONS TO CANDIDATES 1. You have been provided with a copy of the examination paper, answer book(s), an envelope, and a copy of the Patent Act and Patent Rules. The only other text you are permitted to bring to the examination is one of the following: English dictionary; French dictionary; or bilingual (French/English) dictionary. 2. You must provide your own pen with which to write the paper. 3. Cellular phones or any other types of wireless communication devices are not permitted in the examination room. 4. Write your assigned candidate number on the examination paper, the answer book(s), and the envelope. No other form of identification may be used on any material submitted. 5. Identify your answers by question number. Write legibly, using double spacing, on the right side of the answer booklet, staying within the margins of the book pages. Markers are not obliged to consider anything that is written on the left hand pages, nor anything that is indecipherable. You may use the left hand pages for your notes and drafts. 6. You may refer to, incorporate and use portions of the examination paper in your answers. Any matter so incorporated must be clearly indicated in the answer booklet. Because the answer booklet will be scanned into digital format, you must not use staples, sticky notes or highlighters. If a portion of the examination paper is to be incorporated into the answer book, it must be held firmly in place with adhesive tape. You are responsible for providing your own adhesive tape, and scissors.
Page 2 of 42 7. Salutations, signatures and other formalities of correspondence are not required in your answers; substance is what is important. Give reasons for your choices and alternatives. Skeleton and outline answers will be considered if they appear on the right hand pages. 8. Total marks available in this paper are 100. Each question should be read carefully and answered fully. Take note of the marks allotted to each question or part of a question, as a guide to budgeting your time. 9. You have four (4) hours to complete the examination. At the conclusion of the examination period, put down your pen. The Presiding Officer will note the candidate number of anyone not following this rule, and markers may take this into consideration when marking the papers. 10. Upon completion of the paper, insert the examination paper, whether used or not to form part of the answers, together with the answer book(s), into the envelope provided to you and thereafter seal the envelope. Only those responses appearing in the answer book(s) will be considered when awarding marks. No envelope, answer book or examination paper may bear any identification other than your assigned candidate number. 11. Leave the provided copy of the Patent Act and Patent Rules on the table, not in the envelope. Give the sealed envelope to the Presiding Officer.
Page 3 of 42 PART A The following five documents are provided: 1. Canadian Patent No. 2,xxx,666 2. D1: Canadian Patent No. 2,xxx,319 3. D2: United States Patent No. 6,xxx,240 4. D3: International PCT Publication No. WO 01/xxx752 5. D4: Request for Reissue INSTRUCTIONS TO CANDIDATES Review the following background and provided documents and provide an appropriate response to each question. Do not provide extraneous commentary if not directly relevant to the question. For example, if the question requires a determination as to novelty, do not comment on other criteria such as utility, obviousness, etc. Note that statements of authorities or pertinent law (which may include case law and statutory and regulatory provisions), analysis and argument are always required to address each issue adequately. BACKGROUND Your client is Bob who is a janitor in your office building. He invented a hand dryer to replace paper towels in the washroom. On October 15, 2008, Bob started testing the hand dryer in the public washroom. Another janitor, Tom, was fixing the soap dispensers, and suggested major improvements to the invention to avoid contamination of the user s hands. A month later, Bob started his own company Sanitation Innovation and filed a United States provisional patent application and a subsequent Canadian patent application to cover the hand dryer, and obtained Canadian Patent No. 2,xxx,666. Bob is now angry that a security guard, Sam, has been selling a hand dryer that might fall within the scope of Canadian Patent No. 2,xxx,666. Before commencing a lawsuit
Page 4 of 42 against Sam for patent infringement, Bob asks you to assess the validity of Canadian Patent No. 2,xxx,666. Bob provides you with Canadian Patent No. 2,xxx,666, the results of his prior art search (D1-D3) which revealed documents which do not appear to have been considered by the Canadian Examiner, and his request for reissue (D4). QUESTION 1: [4.5 marks] Evaluate the citability of D1-D3 in view of anticipation and obviousness. Provide reasons why the documents are citable or not and apply all the appropriate sections of the Patent Act. QUESTION 2: [0.5 mark] Name the leading Canadian Supreme Court case pertaining to novelty and obviousness. QUESTION 3: [9.0 marks] Assuming that these elements are essential, construe the following selected claim terms of Canadian Patent No. 2,xxx,666: a) an entrance delimited by a front edge and a rear edge (claim 1) b) a plurality of openings communicating with the fan through ducting (claim 1) c) slot-like openings (claim 2) d) constant widths along their lengths (claim 2) e) up to about 1.0 mm (claim 2) f) curved portions (claim 3) QUESTION 4: [25.0 marks] Are claims 1, 2 and 3 anticipated by any one of D1-D3? Provide detailed supporting arguments and references to the appropriate sections of the documents.
Page 5 of 42 QUESTION 5: [31.0 marks] Is claim 3 obvious in view of D1-D3? Provide detailed supporting arguments and apply the appropriate case law and refer to the appropriate sections of the documents. QUESTION 6: [2.0 marks] Identify two potential ground(s) of invalidity of Canadian Patent No. 2,xxx,666 that are unrelated to D1-D3. Apply the appropriate section of the Patent Act. QUESTION 7: [3.0 marks] Based on the information provided, would Bob s request for reissue of Canadian Patent No. 2,xxx,666 be successful? Identify three reasons why or why not. Candidate is to assume that the proper enclosures have been included with the request for reissue. Apply the appropriate section of the Patent Act and/or Patent Rules. END OF QUESTIONS IN PART A
CA 666 Page 6 of 42 Canadian Patent No. 2,xxx,666 Issued: June 30, 2012 5 10 DRYER Filing Date: October 4, 2009 Publication Date: May 18, 2010 Priority Date: US 60/xxx,919 filed November 15, 2008 Inventor: Bob Smith Applicant: Sanitation Innovation FIELD OF THE INVENTION 15 [1] The present invention relates to a dryer which uses a narrow jet of high velocity, high pressure air to dry a part of the body. BACKGROUND OF THE INVENTION 20 25 30 [2] Hand dryers are electrical devices found in public washrooms that are used to dry hands. They operate with a button or automatically using an infrared sensor, and blow cold or warm air onto a user s hands to remove water. One type of dryer has air outlets under which the user must place his hands. However, water drips onto the floor and the hands are dried unevenly. The dryer may blow bacteria from the hands and contaminate other washroom users and the environment up to two meters away. Another type of dryer has a cavity into which the user places his hands. Unless the cavity is cleaned regularly, the cavity can harbor bacteria which can be transferred to the user if his hands remain in the cavity for a minimum of 20 seconds. The force of the air blast may also make it difficult for the user to maintain proper positioning of his hands for drying without touching the surfaces of the cavity. The rate of drying is different for the backs and palms of the hand. Typically, the user needs to use the dryer to dry part of his hands after another part has already been dried. There is a need for a dryer which overcomes these problems.
CA 666 Page 7 of 42 SUMMARY OF THE INVENTION 5 10 [3] The present invention relates to a hand dryer having openings which emit airflow of sufficiently high momentum to dry the user's hands efficiently in an acceptably short length of time and at an even rate, while avoiding contamination. In one embodiment, the hand dryer has a pair of opposed slot-like openings located in the edges of the cavity to direct airflow in the form of a thin sheet across the cavity to remove water. The slotlike openings have different widths to allow a greater proportion of the airflow to be emitted onto the backs of the user's hands, but constant widths along their lengths to distribute airflow evenly. The cavity has an entrance delimited by one edge which is straight and one edge comprising two curved portions. These features result in a shape which corresponds closely to the shape of a user's hands when in a normal, relaxed state suitable for drying and thereby minimize the time required to dry the user's hands evenly and quickly. BRIEF DESCRIPTION OF THE DRAWINGS 15 [4] FIG. 1 is a perspective view of a first embodiment of a dryer of the present invention. [5] FIG. 2 is a side view of the hand dryer of FIG. 1. [6] FIG. 3 is a side sectional view of the hand dryer of FIG. 1. 20 [7] FIG. 4 is a side sectional view, shown on an enlarged scale, of the upper ends of the air ducts forming part of the hand dryer of FIG. 1. [8] FIG. 5 is a schematic sectional side view, shown on a further enlarged scale, of the slot-like opening located in the front wall of the cavity of the hand dryer of FIG. 1. 25 [9] FIG. 6 is a schematic sectional side view, shown on the same further enlarged scale, of the slot-like opening located in the rear wall of the cavity of the hand dryer of FIG. 1. [10] FIG. 7 is a plan view of the cavity entrance of the hand dryer of FIG. 1.
CA 666 Page 8 of 42 [11] FIG. 8 is a side view of a second embodiment of a dryer of the present invention. DETAILED DESCRIPTION 5 10 15 20 25 [12] Referring to FIGS. 1 and 2, the hand dryer 10 comprises an outer casing 12 having a front wall 14, a rear wall 16, an upper face 18 and side walls 20, 22. The rear wall 16 can incorporate attachments (not shown) for securing the hand dryer 10 to a wall. An electrical connection (not shown) is provided on the rear wall 16. A cavity 30 is formed in the upper part of the casing 12. The cavity 30 is open at its upper end and has a front wall 34 and a rear wall 36 which define a space for insertion of the user s hands. The space between the top of the front wall 14 and the front of the upper face 18 forms a cavity entrance 32 delimited by edges 32a, 32b as further described below, and which is sufficiently wide to allow a user's hands to be introduced into the cavity 30 through the cavity entrance 32. The cavity 30 is open to the sides of the hand dryer 10 by appropriate shaping of the side walls 20, 22. A drain 38 communicates with a tank (not shown) located in the lower part of the casing 12. [13] As shown in FIG. 3, a motor 39 and a fan 40 which is driven by the motor 39 are located inside the casing 12. The motor 39 is connected to the electrical connection (not shown) and is controlled by a controller 41. The inlet 42 of the fan 40 communicates with an air inlet 44 formed in the casing 12. A filter 46 prevents the ingress of any debris. The outlet of the fan 40 communicates with air ducts 50, 52 which are located inside the casing 12. The front air duct 50 is located between the front wall 14 of the casing 12 and the front wall 34 of the cavity 30. The rear air duct 52 is located between the rear wall 16 of the casing 12 and the rear wall 36 of the cavity 30. [14] The air ducts 50, 52 conduct air from the fan 40 to a plurality of openings. It is contemplated that the configuration of openings may vary in shape, size, number, and the like. In one embodiment, the openings comprise a pair of opposed slot-like openings 60, 62 which are positioned at the upper end of the cavity 30 in the vicinity of the cavity entrance 32. The slot-like openings 60, 62 are located in the front edge 32a and the rear edge 32b, respectively, and are continuous since they extend along the length of each of
CA 666 Page 9 of 42 the front edge 32a and the rear edge 32b (FIG. 1). Each of the slot-like openings 60, 62 has a narrow, elongated shape. The slot-like openings 60, 62 direct airflow across the cavity entrance 32 towards the opposite wall of the cavity 30 (FIG. 7). 5 10 15 20 25 [15] FIG. 4 shows the upper ends of the air ducts 50, 52 and the slot-like openings 60, 62 in detail. The walls 54a, 54b of the air duct 50 converge to form the slot-like opening 60. The walls 56a, 56b of the air duct 52 converge to form the slot-like opening 62. The width of the slot-like opening 60 in the front wall 34 of the cavity 30 is smaller than the width of the slot-like opening 62 in the rear wall 36 of the cavity 30. The rate of drying is different for the backs and palms of the hand. This arrangement allows a greater proportion of the airflow to be emitted onto the backs of the user's hands which carry more water and dry slower than the palms of the hands. [16] FIG. 5 shows that the slot-like opening 60 has a width of W1. FIG. 6 shows that the slot-like opening 62 has a width of W2. The width W1 of the slot-like opening 60 is smaller than the width W2 of the slot-like opening 62. The width W1 is 0.3 mm and the width W2 is 0.5 mm. Preferably, the slot-like openings 60, 62 have widths up to about 1.0 mm. The momentum of the airflow emitted through this width is greatly increased in comparison to that of prior art dryers. This increases the efficiency of the dryer since more water is blown from the hand during each pass thereof through the airflow exiting the slot-like openings 60, 62. [17] The slot-like openings 60, 62 are continuous since they extend along the length of each of the front edge 32a and the rear edge 32b. Both widths W1 and W2 are constant across the length of each respective slot-like opening 60, 62. The airflow is thus distributed evenly along the length of each slot-like opening 60, 62. This minimizes the risk of small areas of the user's hands not being dried by the drying apparatus. [18] Sensors 64 are positioned in the front and rear walls 34, 36 of the cavity 30 below the slot-like openings 60, 62. The sensors 64 detect the presence of a user's hands which are inserted into the cavity 30 via the cavity entrance 32. The sensors 64 send a signal to the motor 39 when a user's hands are introduced to the cavity 30.
CA 666 Page 10 of 42 5 10 15 20 25 [19] As shown in FIG. 1, the shape of the cavity entrance 32 is such that the front edge 32a is straight and extends laterally across the width of the hand dryer 10. However, the rear edge 32b has a shape consisting of two curved portions 33 which follow the shape of the backs of hands as they are inserted downwardly into the cavity 30 through the cavity entrance 32. The rear edge 32b of the cavity entrance 32 is substantially symmetrical about the centre line of the hand dryer 10. The intention of the shaping and dimensioning of the front and rear edges 32a, 32b of the cavity entrance 32 is that, when a user's hands are inserted into the cavity 30 through the cavity entrance 32, the hands are guided into the proper positioning for drying, and the distance from any point on the user's hands to the nearest slot-like opening 60, 62 is uniform. The user s hands are not pushed against one or other of the walls 34, 36 of the cavity 30, which minimizes touching and contamination. [20] A plan view of the cavity entrance 32 is shown in FIG. 7. The dotted lines indicate the position and shape of the user's hands as they are normally inserted into the cavity 30 between the front and rear edges 32a, 32b. The distance between the front and rear edges 32a, 32b varies along the length of the cavity entrance 32. The distance between the user's hands and the nearest edge is uniform. The curved portions 33 of the rear edge 32b are symmetrical about the centre line A-A of the cavity entrance 32 with the centre portion of the rear edge 32b being closer to the front edge 32a at the centre line than at a position spaced from the centre line. At the centre line, the distance d between the front and rear edges 32a, 32b is between 50 mm and 80 mm. The maximum distance D between the front edge and the rear edge is between 70 mm and 100 mm. [21] The arrows 70 shown in FIG. 7 indicate the direction of the airflow emitted from the slot-like openings 60, 62 located in the edges 32a, 32b of the cavity entrance 32. The airflow is emitted in a direction which is perpendicular to the respective edge 32a, 32b. In this way, the airflow has the maximum possible momentum when it hits the surface of the user's hands. [22] When a user's hands are inserted into the cavity 30 through the cavity entrance 32, the sensors 64 detect the presence of the user's hands and send a signal to the motor 39 to
CA 666 Page 11 of 42 5 10 15 20 drive the fan 40. The fan 40 is activated and air is drawn into the hand dryer 10 via the air inlet 44. The air passes through the filter 46 and along the fan inlet 42 to the fan 40. The airflow leaving the fan 40 is divided into two separate airflows. One passes along the front air duct 50 to the slot-like opening 60 and the other passes along the rear air duct 52 to the slot-like opening 62. [23] The airflow is ejected from the slot-like openings 60, 62 in the form of thin sheets of high pressure, high velocity air having a relative air pressure of 15 kpa to 30 kpa, and velocity of 80 m/s to 180 m/s. The sheets of air blow any water off the user's hands which pass into and out of the cavity 30. It takes only a few "passes" to dry a user's hands completely. The term "pass" means a single insertion of the hands into the cavity 30 and subsequent removal at a speed which is not unacceptable to an average user. A single pass has a maximum duration of 3 seconds, and all water is removed within 9 to 12 seconds. Contamination is avoided since the user s hands pass quickly in and out of the cavity 30, and do not need to be held within the cavity 30 for drying. [24] The water falls to the lower end of the cavity 30, while the air exits the cavity 30 through the open sides of the cavity 30. The water is collected by the drain 38 and passes to a tank (not shown) for disposal. The hand dryer 10 can be used for drying other parts of the body (for example, the feet following a pedicure) given that the slot-like openings 60, 62 from which the airflow exits can be brought close enough to the part to be dried (FIG. 8).
CA 666 Page 12 of 42 CLAIMS: 1. A hand dryer comprising: a) a casing; 5 b) a cavity formed in the casing for receiving a user s hand, and having an entrance delimited by a front edge and a rear edge; c) a fan located in the casing and creating an airflow; d) a motor for driving the fan; and e) a plurality of openings communicating with the fan through ducting, and arranged to direct airflow across the cavity for drying hands inserted therein. 10 2. The hand dryer of claim 1, wherein the plurality of openings comprises a pair of slot-like openings having constant widths along their lengths, the widths being up to about 1.0 mm. 3. A hand dryer comprising: a) a casing; 15 b) a cavity formed in the casing for receiving a user s hand; c) a fan located in the casing and creating an airflow; d) a motor for driving the fan; 20 e) a pair of opposed slot-like openings communicating with the fan through ducting, and arranged to direct the airflow across the cavity for drying hands inserted therein, the slot-like openings having different widths from each other, wherein the widths are constant along their lengths; and f) wherein the cavity has an entrance delimited by a front edge and a rear edge in which the slot-like openings are located, one of the edges being straight and the
CA 666 Page 13 of 42 other of the edges comprising two curved portions following the shape of the backs of hands as they are inserted downwardly into the cavity through the cavity entrance. 4. The hand dryer of claim 3, wherein the width of the slot-like opening in the front edge is smaller than the width of the slot-like opening in the rear edge.
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DOCUMENT D1 DOCUMENT D1 Page 19 of 42 5 10 Filing Date: November 19, 2009 Publication Date: May 20, 2011 Priority Data: None Canadian Patent No. 2,xxx,319 Issued: September 7, 2015 HAND DRYER Inventor: Sam Jones Assignee: Sam s Appliances Corporation 15 20 25 BACKGROUND OF THE INVENTION [1] In a typical hand dryer, hot air is directed from a nozzle into a space where wet hands are placed for drying. The water is removed by evaporation. However, the hands are dried unevenly. A dry area can be subjected to further heating, while a nearby wet area is subjected to the hot air. This type of dryer requires a blower and heater to be positioned in a small housing. The blower and heater need to be able to provide a sufficient flow of warm enough air to ensure that a user s hands are dried rapidly. The requirement for sufficient power for blowing and heating in a small housing leads to a need for safety devices to be included to ensure safe operation in public usage. The use of this type of dryer in a confined space with inadequate ventilation results in a hot damp atmosphere which can be oppressive to another person in the vicinity. BRIEF DESCRIPTION OF THE DRAWINGS [2] FIG. 1 is a perspective view of a hand dryer of the invention when attached to a wall above a sink. [3] FIG. 2 is a sectional side view of the hand dryer of FIG. 1. 30 [4] FIG. 3 is a perspective view of the hand dryer of FIG. 1 when a hand is inserted into the hand dryer.
DOCUMENT D1 DETAILED DESCRIPTION Page 20 of 42 5 10 15 20 [5] Figures 1 and 2 show a sink 1 mounted on a wall 2. A hand dryer 3 is secured to the wall 2 above the sink 1. The dryer 3 comprises a chamber 4 defining a cavity 5 into which a hand H can be inserted for drying through entry 6 (Figure 3). The interior upper surface 7 of the chamber 4 opens by way of a slot 8 having a width of 1.5 mm and extending across the interior upper surface 7 of the chamber 4. The chamber 4 is pressurized through duct 9 by way of a blower 10 powered by an electric motor 11. The motor 11 is activated in response to a time switch 12 which operates when a sensor 13 detects the presence of a hand H in the cavity 5. The blower 10 and the motor 11 are positioned on the opposite side of the wall 2 to the sink 1 so that any noise generated during operation of the blower 10 and motor 11 is isolated from the vicinity of the sink 1. [6] To use the dryer 3, a hand H is inserted through entry 6 in the direction of arrow D. This activates the motor 11, causing pressurized air from the blower 10 to be fed through duct 9 to the chamber 4. The pressurized air passes through the slot 8 giving up pressure energy for kinetic energy and exits as a air blade in which the air reaches a velocity of 800 km/hr at a position about 10 mm into the cavity 5. The fast moving air blade sweeps any moisture from the hand H and drives it against the interior lower surface 14 of the chamber 4. Liquids swept off are collected and drained into the sink 1. [7] By using an air blade, the hand H dries rapidly in seconds without needing to use heated air. Drying is achieved by displacing any moisture left on the hand H by the air blade rather than using hot air to promote drying by evaporation. The displaced moisture is not vaporized but projected from the hand H until it strikes the interior lower surface 14 of the chamber 4, from which it is collected and drained into the sink 1.
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DOCUMENT D2 Page 22 of 42 DOCUMENT D2 5 10 United States Patent No. 6,xxx,240 Issued: June 30, 2009 HAND DRYER Filing Date: October 4, 2005 Publication Date: April 20, 2006 Priority Data: US 60/xxx,789 filed October 18, 2004 Inventor: Sandeep Singh Applicant: Engineering India 15 20 BACKGROUND OF THE INVENTION [1] Conventional hand dryers have been developed whereby wet hands are dried by blowing water away using high-speed airflow, rather than being wiped on a towel. However, high-speed airflows jetted from two opposing nozzles collide with each other, causing a disruption in the airflows and excessive noise. In spaces between the fingers, each airflow collides with the opposing airflow. Thus, wind speed drops, causing a problem in that water on side surfaces of the fingers cannot be sufficiently removed. BRIEF DESCRIPTION OF THE DRAWINGS [2] FIG. 1 shows a side view of a hand dryer of the present invention. [3] FIG. 2 is a front view of the hand dryer of FIG. 1. 25 [4] FIG. 3 is a side view of the hand dryer of FIG. 1 when hands are inserted into the hand dryer and twisted. [5] FIG. 4 is a longitudinal cross-sectional view showing the positions of the air nozzle sections of the hand dryer of FIG. 1 and the inserted hands. [6] FIG. 5 is a transverse cross-sectional view taken along line A-A in FIG. 1. 30 [7] FIG. 6 is a diagram of an air jet opening of the hand dryer of FIG. 1.
DOCUMENT D2 Page 23 of 42 [8] FIG. 7 is a diagram of a modified air jet opening of the hand dryer of FIG. 1. DETAILED DESCRIPTION 5 10 15 20 25 [9] As shown in FIGS. 1 and 2, in a hand dryer 81, a hand drying chamber 2 is formed in an upper portion of a casing 1. A second wall 3 is formed on an upper front side (user side) of the casing 1, and tilts forward towards the user to facilitate insertion of the user s hands into the chamber 2. A first wall 4 is formed on an upper back side. The chamber 2 is surrounded by an inner surface 5 of the second wall 3, an inner surface 6 of the first wall 4, and a bottom surface 8. An opening 9 is formed in an upper portion of the chamber 2 to allow insertion and removal of hands. Lateral opening sections 10 are formed in both lateral directions, and allow air to flow out after a drying process. [10] A high-pressure airflow generating unit 11 is arranged in a lower portion of the casing 1. The unit 11 includes a motor and a fan driven by the motor. The unit 11 is operated by a control circuit 18 (FIG. 2). An air inlet 19 of the unit 11 opposes an inlet passage 20 provided within the casing 1. The air inlet 19 suctions external air from a suction opening 21 on a lower end of the inlet passage 20. A filter 25 removes moisture from the air suctioned from the suction opening 21. The air is supplied to the unit 11. High-speed airflows (200 m/s to 300 m/s) are generated by the unit 11, and are led to air nozzle sections 13 positioned on the first wall 4, by way of an airflow path 12 formed in the first wall 4. [11] The air nozzle sections 13 project from the inner surface 6 of the first wall 4, in positions respectively facing the left hand and the right hand that are inserted into the chamber 2 (FIG. 1-4). The air nozzle sections 13 extend in the vertical direction on the first wall 4 that faces each hand inserted into the chamber 2. The air nozzle sections 13 are provided only on the first wall 4. No air nozzles are arranged on the second wall 3 to avoid collision between high-speed airflows and excessive noise. The air nozzle sections 13 tilt forward at an angle of 5 degrees to 45 degrees, such that upper portions are positioned towards the second wall 3, and the lower portions are positioned towards the
DOCUMENT D2 Page 24 of 42 first wall 4. This positioning allows the airflows 14 from the air nozzle sections 13 to flow obliquely downward from the first wall 4 to the second wall 3. 5 10 15 20 25 [12] In the air nozzle sections 13, the long hole-shaped air jet openings 24 are successively arranged in a row forming a broken line (FIG. 6). The air nozzle section 13 achieves excellent drying performance and noise performance. As shown in FIG. 7, the air jet opening can be a slit-shaped air jet opening 24a. In one embodiment, the width of the slit-shaped jet opening 24a ranges from 0.8 to 1.1 mm. A length of each row of the air jet openings 24, 24a is a length from the wrist of the hand to the tip of the middle finger, such that the high-speed airflow comes into simultaneous contact with the entire hand to remove water. [13] A sensor 22 is positioned on the inner surface 6 of the first wall 4 to detect insertion and removal of the hands into the chamber 2 from the opening 9 in parallel up to the vicinity of the wrists (FIGS. 2, 4). The signal from the sensor 22 is input into the control circuit 18. The control circuit 18 electrifies the unit 11 to jet the airflows 14 from the air nozzle sections 13. [14] When the user standing in front of the casing 1 naturally inserts both hands into the chamber 2 to be aligned in parallel in the lateral direction, the left hand and the right hand are roughly parallel. As shown in FIG. 4, the space between the left hand and the right hand is large on the wrist side and small on the fingertip side. Therefore, an angle formed by a pair of the air nozzle sections 13 is set to a V-shape of about 20 degrees so that space between a pair of the air nozzle sections 13 in the lateral direction is formed to be large on a hand insertion side and small on the far side. As a result, the angle formed by the left hand and the right hand, and the angle formed by a pair of the air nozzle sections 13 match. [15] The airflows 14 contact with the hands at the same time, from the wrist to the fingertips of each hand. Because the air nozzle sections 13 extend in the vertical direction, the airflows 14 enter gaps between the fingers (FIG. 5). Thus, water on the side surfaces of the fingers can be efficiently removed. When the front and the back of
DOCUMENT D2 Page 25 of 42 5 10 15 the hands are placed in contact with the airflows 14 by twisting the hands at the wrist (FIG. 3), water on the front and the back of the hands and between the fingers is blown off. The entire hands can be dried without moving the hands vertically, but must be twisted front and back to dry the backs and the palms, and remain in the chamber 2 for at least 20 seconds to complete drying. The user must watch carefully while inserting and drying the hands to maintain proper positioning in a V-shape and to avoid touching the nozzle sections 13. The airflows 14 can also force the hands against the inner surface 5 of the second wall 3. [16] As shown in FIG. 5, the airflows 14 change directions of flow after coming into contact with the inner surface 5 of the second wall 3. The airflows 14 then flow outside from the lateral opening sections 10. The water is blown towards the inner surface 5 of the second wall 3, and runs down the inner surface 5 of the second wall 3. The water then collects on the bottom surface 8, and passes through a drain 15 and a drain pipe 16, and into a drain tank 17 (FIG. 2). When the hands are removed from the chamber 2 after drying, the sensor 22 detects that the hands have been removed and stops the unit 11.
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DOCUMENT D3 DOCUMENT D3 Page 31 of 42 5 10 INTERNATIONAL APPLICATION PUBLISHED UNDER THE PATENT COOPERATION TREATY (PCT) International Publication Number: WO 01/xxx752 International Publication Date: 11 January 2001 International Application Number: PCT/CA00/xxxxx International Filing Date: 30 June 2000 Priority Data: US 60/xxx,123 filed 1 July 1999 US 60/xxx,456 filed 25 January 2000 15 Inventor: Glen Fitzgerald Applicant: Dry Designs Limited BACKGROUND OF THE INVENTION HAND DRYER 20 [1] Different hand dryers are common which have a drying chamber having outlets for projecting air so that the user can insert and dry his hands. Typically, the projection of air on the user's hands is done in localized areas, requiring the user to move his hands inside the drying unit so that the air can act on different areas of his hands. BRIEF DESCRIPTION OF THE DRAWINGS 25 [2] FIG. 1 shows a perspective view of the dryer of the present invention. [3] FIG. 2 shows an upper plan view of the dryer of FIG. 1 showing the position of the user's hands placed inside the dryer during operation. [4] FIG. 3 shows a side sectional view of the dryer of FIG. 1. 30 [5] FIG. 4 shows an exploded perspective view of the two hollow chambers arranged on opposite sides of the drying chamber for conducting air towards the inside of the drying chamber.
DOCUMENT D3 Page 32 of 42 [6] FIG. 5 shows a partial cross-sectional view of the dryer showing the geometry of the tubular extensions of the front wall of the hollow chambers and the opposite position of the tubular extensions with the air outlet orifices defined in the drying chamber. DETAILED DESCRIPTION 5 10 15 20 25 [7] As shown in FIGS. 1-5, the hand dryer 10 comprises a casing 1 which defines a drying chamber 2 for insertion of hands. The drying chamber 2 is open vertically at its upper area and at the sides, defining a "V -shaped section in plan view (FIG. 2) with the vertex orientated towards the back middle area of the casing 1. The vertical orientation of the drying chamber 2 and the "V"-shaped configuration allows the user to insert his hands comfortably from the top inside the drying chamber 2 by orienting his semi-bent arms towards the lower front area. The front and back walls 7, 8 of the drying chamber 2 have circular orifices 21, 22 distributed on their entire surfaces in order to project highspeed air at room temperature on both the obverse and reverse sides of the the user s hands. [8] Two hollow chambers 3a, 3b are located inside the casing 1, each of them demarcated by a front plate 31 and a back plate 32 mutually opposite and fixed to one another (FIGS. 3-5). The hollow chambers 3a, 3b are opposite to the front and back walls 7, 8 of the drying chamber 2. Each of the hollow chambers 3a, 3b has a lower mouth 36 for the inlet of high-speed air propelled by motors 4a, 4b, or a fan and motor arrangement (not shown). The hollow chambers 3a, 3b internally have, specifically in the back plates 32, channels 33 for the conduction and distribution of air through the inside of the hollow chambers 3a, 3b. The front plates 31 of each of the hollow chambers 3a, 3b have a plurality of air outlet orifices 34. [9] The front plates 31 of the hollow chambers 3a, 3b externally have tubular extensions 35 (FIGS. 4-5). The ends of the tubular extensions 35 fit into countersinkings defined in the orifices 21, 22 of the front and back walls 7, 8 of the drying chamber 2, ensuring the centering of the air outlet orifices 34 with the orifices 21, 22 of the drying chamber 2. The tubular extensions 35 are slightly tilted towards the lower area for the purpose of quickly releasing the water from the user's hands, assisted by gravity.
DOCUMENT D3 Page 33 of 42 [10] The plates 31, 32 forming the hollow chambers 3a, 3b are assembled like a sandwich. Each of the hollow chambers 3a, 3b is fixed to the corresponding wall of the drying chamber 2 with suitable attachments. 5 10 15 20 25 [11] The air outlet orifices 34 defined in the front plates 31 of the hollow chambers 3a, 3b have a decreasing section inside the tubular extensions 35 in order to increase the speed of the air being introduced towards the drying chamber 2. [12] The front and back hollow chambers 3a, 3b allow the circulation of the highspeed air through the inside thereof. Together with the decreasing section of the outlet orifices 34, the air is projected towards the inside of the drying chamber 2 and simultaneously through all of the outlet orifices 34 at a speed between 50 and 60 m/s. [13] Taking into account that the hollow chambers 3a, 3b have respective pluralities of orifices 21, 22 for projecting air towards the inside of the drying chamber 2, two motors 4a, 4b, or two fan and motor arrangements (not shown) are required inside the casing 1, and are directly and independently connected to the respective inlet mouths 36 of the hollow chambers 3a, 3b to supply high-speed air to the respective hollow chamber 3a, 3b. The motors 4a, 4b, or two fan and motor arrangements (not shown) that are responsible for propelling the air towards the hollow chambers 3a, 3b and simultaneously projecting it through all the orifices 21, 22 of the drying chamber 2 are controlled by an electronic card 6. Sensors 61 (FIG. 1) are located inside the drying chamber 2 and are connected to the electronic card 6 (FIG. 3). [14] When the user inserts his hands into the drying chamber 2, the sensors 61 send a signal to the electronic card 6 which activates the motors 4a, 4b, or two fan and motor arrangements (not shown). The motors 4a, 4b or two fan and motor arrangements (not shown) operate until the sensors 61 no longer detect the user's hands inside the drying chamber 2. The user must leave his hands immobile within the drying chamber 2 for at least 60 second to ensure complete drying. During the drying cycle, the water released from the user's hands falls to the bottom of the drying chamber 2, and passes to a tray 25 inside the casing 1 for disposal.
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DOCUMENT D4 Page 38 of 42 FORM 1 - Application for Reissue 1. The patentee of Canadian Patent No. 2,XXX,666, granted on June 30, 2012 for an invention entitled DRYER requests that a new patent be issued, in accordance with the accompanying amended specification and claims, for the unexpired term for which the original patent was granted and agrees to surrender the original patent effective on the issue of a new patent. 2. The name and complete address of the patentee is: Sanitation Innovation c/o Bob Smith (President), #1 Apartment, Winnipeg, Canada. 3. The respects in which the patent is deemed defective or inoperative are that the claims of the patent all include the following limitation: a hand dryer. The claims are defective and should recite a hand and foot dryer. It is not a necessary limitation that the use of the dryer be limited to hands. 4. The error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, in the following manner: It was never intended by the inventor or the patentee that the scope of the patent be restricted to one embodiment. It was apparent to the inventor that the dryer would work equally well with hands and feet. 5. The knowledge of the new facts giving rise to the application was obtained by the patentee on January 6, 2016 in the following manner: The patent agent inadvertently omitted one replacement page of claims which was intended to accompany an amendment during prosecution of the Canadian patent application. The claims were not cancelled in any amendment during prosecution. 6. The patentee appoints Patents LLP whose complete address in Canada is #1 Office, Winnipeg, Canada as the patentee's representative and patent agent in Canada pursuant to section 29 of the Patent Act. Respectfully submitted by Patents LLP on January 10, 2016 Enclosures: Amended specification and claims and cheque for $1600
Page 39 of 42 PART B Short Answer Questions INSTRUCTIONS TO CANDIDATES Provide an appropriate response to each question. Do not provide extraneous commentary if not directly relevant to the question. Note that statements of authorities or pertinent law (which may include case law and statutory and regulatory provisions) and analysis are required to address each issue adequately unless the question expressly states that it is not necessary. QUESTION 8: [3.0 marks] List three grounds for invalidity other than anticipation and obviousness. Apply the appropriate section of the Patent Act or Rules. QUESTION 9: [2.0 marks] As used in patent law, what is meant by the term selection? List one condition that must be satisfied for a patentable selection. No authority or statutory support is required. QUESTION 10: [2.0 marks] Among the following different inventions, identify the one(s) which constitute patentable subject matter in Canada. List only the alphabetical letter(s) as your answer. A. A method of treatment of plants to confer resistance to drought. B. A method for calculating a tax return using mental arithmetic. C. A combination of traditionally known components having a surprising effect. D. A hearing assistance device comprising wearable headphones for electrically stimulating an auditory nerve of a user. E. An acoustic signal carried by a cable from a downhole well to a computer processor on the surface. F. Gaming system comprising gaming machines having controllers configured for remote play among multiple users.
Page 40 of 42 QUESTION 11: [3.0 marks] A United States associate advises you that she filed a United States Provisional Patent Application for her client on June 5, 2015. Her client, who is the sole inventor and owner of the invention, fully disclosed the invention at a conference on May 2, 2015. Her client now wishes to obtain patent protection in Canada for the same invention disclosed in the United States Provisional Patent Application. a) What is your recommendation with respect to filing in Canada for this invention? Apply the appropriate sections of the Patent Act. b) What is your recommendation if she wishes to file a PCT application and later enter national phase in Canada? Apply the appropriate section of the Patent Rules. QUESTION 12: [2.0 marks] A United States associate instructs you to file a regular Canadian patent application for his client claiming priority to a regular United States patent application that has now issued as United States Patent No. 9,xxx,999. a) Does the Canadian patent application qualify to enter the Patent Prosecution Highway (PPH) in Canada based on the issued United States claims? Provide one reason why the Canadian patent application does or does not qualify for the PPH. No authority or statutory support is required. b) If a divisional application is filed based on a parent application that is within the PPH, is the divisional application automatically given PPH status? Provide a reason for your answer. No authority or statutory support is required. QUESTION 13: [4.0 marks] You have received a Notice of Allowance for your client s Canadian patent application. The client now wishes to file a Divisional patent application with a new set of claims. Provide two options for your client. Apply the appropriate sections of the Patent Act and Patent Rules.
Page 41 of 42 QUESTION 14: [1.0 mark] A European client filed two PCT applications on the same day with identical specifications but claims that relate to two slightly different embodiments of the same invention. You have been asked to file both applications in the national phase in Canada. What is the best advice to provide from among the following? List only the alphabetical letter as your answer. No authority or statutory support is required. A. File both applications in Canada and pursue both to grant. B. File both applications in Canada and abandon one before grant. C. File only the application that relates to the embodiment of most interest to the applicant. D. File one application in Canada and amend it to include the claims of the other application. E. File both applications in Canada but ensure one is assigned to a different applicant. QUESTION 15: [3.0 marks] Your client invented a filtration device containing a membrane for filtering impurities from waste water. On December 14, 2012 she applied for a Canadian patent application covering the membrane. No priority claim was made. Would the following situations constitute a disclosure of the invention under the Patent Act? Provide a brief explanation of your answer and apply the appropriate sections of the Patent Act or case law. A. On November 1, 2012 your client s website went live and started to accept orders for delivery of the device. The website included graphs showing the efficacy of the device at filtering various contaminants although no details of the membrane were given. The first order was taken on December 1, 2012 and delivery was made on December 24, 2012. B. On July 9, 2011 your client sent out three free samples of the device to potential customers. Your client requested the sample devices be returned after testing but did not place any further restrictions on what the potential customers could do with the devices. All three samples were returned unopened prior to the filing date.
Page 42 of 42 C. On December 13, 2011 your client installed a demonstration model of the device at a local university. The model was contained in a locked box which did not permit visual inspection of the device. Students were encouraged to attempt to filter various waste waters and report their findings on the University Engineering Department notice board. QUESTION 16: [3.0 marks] Your client invented a new method for treating cancer with a mixture of known herbs. She would like to protect the treatment method and the mixture. a) What would constitute patentable and non-patentable subject-matter in Canada? Provide three reasons for your answer. No authority or statutory support is required. b) Your client filed a United States provisional patent application on February 8, 2015. On February 5, 2016 you filed applications in Canada, Europe, and the United States, all claiming priority to the United States provisional patent application. Yesterday, your client informed you that she inadvertently started a website disclosing her invention on February 1, 2015. Could valid patents issue for the applications filed in Canada, Europe and the United States? Provide reasons for your answer. No authority or statutory support is required. QUESTION 17: [2.0 marks] a) What types of amendments are acceptable for a Canadian patent application after a Notice of Allowance has been received? Apply the appropriate section of the Patent Rules. b) What precaution should you take to ensure that the Canadian patent application will not issue without the amendment being entered? No authority or statutory support is required. END OF QUESTIONS IN PART B END OF PAPER B