PATENT AGENT EXAMINATION Paper B - ic.gc.caFILE/BrevetEpreuveB2016-PatentPaperB2016-eng.pdfJan 10, 2016 · 2016 Paper B - Validity . PATENT AGENT EXAMINATION . Paper B . Wednesday

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2016 Paper B - Validity

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.

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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.

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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


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

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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.


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)


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.

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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.


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.


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

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Canadian Patent No. 2,xxx,666 Issued: June 30, 2012

DRYER

5 Filing Date: October 4, 2009 Publication Date: May 18, 2010 Priority Date: US 60/xxx,919 filed November 15, 2008 Inventor: Bob Smith 10 Applicant: Sanitation Innovation

FIELD OF THE INVENTION

[1] The present invention relates to a dryer which uses a narrow jet of high velocity, 15

high pressure air to dry a part of the body.

BACKGROUND OF THE INVENTION

[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 20

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 25

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 30

problems.



SUMMARY OF THE INVENTION

[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 5

to direct airflow in the form of a thin sheet across the cavity to remove water. The slot-

like 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 10

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

[4] FIG. 1 is a perspective view of a first embodiment of a dryer of the present 15

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.

[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. 20

[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.

[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. 25

[10] FIG. 7 is a plan view of the cavity entrance of the hand dryer of FIG. 1.



[11] FIG. 8 is a side view of a second embodiment of a dryer of the present invention.

DETAILED DESCRIPTION

[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. 5

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 10

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 15

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 20

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, 25

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



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).

[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 5

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 10

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 15

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 20

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 25

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.

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[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 5

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 10

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 15

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” 20

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. 25

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

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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. 5

[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 10

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 15

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). 20

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CLAIMS:

1. A hand dryer comprising:

a) a casing;

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; 5

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.

2. The hand dryer of claim 1, wherein the plurality of openings comprises a pair of 10

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;

b) a cavity formed in the casing for receiving a user’s hand; 15

c) a fan located in the casing and creating an airflow;

d) a motor for driving the fan;

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 20

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

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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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***

Page 19 of 42 DOCUMENT D1


DOCUMENT D1

Canadian Patent No. 2,xxx,319 Issued: September 7, 2015

5 HAND DRYER

Filing Date: November 19, 2009 Publication Date: May 20, 2011 Priority Data: None 10 Inventor: Sam Jones Assignee: Sam’s Appliances Corporation BACKGROUND OF THE INVENTION 15

[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 20

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. 25


[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.

[4] FIG. 3 is a perspective view of the hand dryer of FIG. 1 when a hand is inserted 30

into the hand dryer.




[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 5

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 10

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 15

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 20

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.



* * *



DOCUMENT D2

United States Patent No. 6,xxx,240 Issued: June 30, 2009

5 HAND DRYER

Filing Date: October 4, 2005 Publication Date: April 20, 2006 Priority Data: US 60/xxx,789 filed October 18, 2004 10 Inventor: Sandeep Singh Applicant: Engineering India BACKGROUND OF THE INVENTION 15

[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 20

problem in that water on side surfaces of the fingers cannot be sufficiently removed.


[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.

[4] FIG. 3 is a side view of the hand dryer of FIG. 1 when hands are inserted into the 25

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.

[7] FIG. 6 is a diagram of an air jet opening of the hand dryer of FIG. 1. 30



[8] FIG. 7 is a diagram of a modified air jet opening of the hand dryer of FIG. 1.


[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 5

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

[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 15

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 20

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 25

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



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.

[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 5

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. 10

[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. 15

[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 20

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 25

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



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 5

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 10

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. 15











* * *



DOCUMENT D3

INTERNATIONAL APPLICATION PUBLISHED UNDER THE PATENT COOPERATION TREATY (PCT)

5 International Publication Number: WO 01/xxx752 International Publication Date: 11 January 2001 International Application Number: PCT/CA00/xxxxx International Filing Date: 30 June 2000 10 Priority Data: US 60/xxx,123 filed 1 July 1999 US 60/xxx,456 filed 25 January 2000 Inventor: Glen Fitzgerald 15 Applicant: Dry Designs Limited

HAND DRYER

BACKGROUND OF THE INVENTION

[1] Different hand dryers are common which have a drying chamber having outlets 20

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.


[2] FIG. 1 shows a perspective view of the dryer of the present invention. 25

[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.

[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 30

drying chamber.



[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.


[7] As shown in FIGS. 1-5, the hand dryer 10 comprises a casing 1 which defines a 5

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 10

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 high-

speed 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 15

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 20

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 25

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.



[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.

[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 5

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 high-

speed 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. 10

[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. 15

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). 20

[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 25

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.









* * *



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


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.


List three grounds for invalidity other than anticipation and obviousness. Apply the appropriate

section of the Patent Act or Rules.


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.


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



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.


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.


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.


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.


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.


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

Documents

PATENT AGENT EXAMINATION Paper B - ic.gc.caFILE/BrevetEpreuveB2016-PatentPaperB2016-eng.pdfJan 10, 2016 · 2016 Paper B - Validity . PATENT AGENT EXAMINATION . Paper B . Wednesday