PATENT AGENT EXAMINATION PAPER B

Transcription

1 Page 1 of 43 PATENT AGENT EXAMINATION PAPER B 2017 PART A The following five documents are provided: 1. Canadian Patent No. 2,xxx, D1: Canadian Patent No. 2,xxx, D2: United States Patent No. 3,xxx, D3: United States Patent No. 8,xxx, 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.

2 Page 2 of 43 BACKGROUND Your new client, Jack, is the owner of a Canadian company named Sharp & Clean Inc., which has been in business since 2006 and specializes in landscaping and, more specifically, in the trimming of hedges, perennials, small trees, etc. About seven years ago, one of Sharp & Clean Inc. s employees, Peter, started having difficulties using conventional shears. He was in his late forties and he no longer had the strength to use the shears properly. As a result, Peter decided to make an improved cutting tool that would allow him to cut small branches more easily since gradual increased force would be transmitted to the blades during the cutting motion. Peter also knew that he wanted his tool to be fairly inexpensive to manufacture. So Peter worked on a prototype of the cutting tool at home and after a few months of trial and error, he finally made his improved cutting tool with a new transmission link between the handles and the blades. He then showed his prototype to Jack. At that point, Jack decided, with Peter s approval, to go ahead and proceed with the filing of a U.S. provisional patent application on May 16, 2011 for the improved cutting tool, followed by a PCT patent application within the 12-month priority period. Being limited to the amount of money his company could spend on patent applications, Jack decided to enter the national phase in only Canada and the U.S. He obtained Canadian Patent No. 2,xxx,777 and a counterpart U.S. Patent with claims of similar scope. In 2015, Peter quit Sharp & Clean Inc. to take a less physically demanding job at Canada Landscaping Inc. Peter became the product representative for the Western Canadian region of their Gardening Division. Last summer, Jack became aware that Canada Landscaping Inc. started selling shears that might fall within the scope of Canadian Patent No. 2,xxx,777. Before commencing a lawsuit against Canada Landscaping Inc. for patent infringement, Jack conducted a prior art search. The search uncovered documents D1-D3, which do not appear to have been considered by the Canadian Examiner or the U.S. Examiner of the counterpart case. Jack asks you to assess the validity of Canadian Patent No. 2,xxx,777. (Copies of all documents are provided to you).

3 Page 3 of 43 In addition, Jack informs you that he had a discussion with his previous patent agent a few weeks ago. Following that discussion, he decided to quickly file a request for reissue (D4) and has provided you with a copy. 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: [8.0 marks] Assuming that these elements are essential, construe the following selected claim terms of Canadian Patent No. 2,xxx,777: a) a first handle connected to a first cutting blade (claim 1) b) the first and second cutting blades being engaged with one another at a blade pivot (claim 1) c) first transmission teeth and second transmission teeth attached to the blade pivot (claim 1) d) a guiding mechanism (claim 3) e) a first guiding member provided with the first handle (claim 4) f) an engagement member attached to the blade pivot (claim 6) QUESTION 4: [31.0 marks] Are claims 1, 2, 3, 4 and 6 anticipated by any one of D1-D3? Provide detailed supporting arguments and references to the appropriate sections of the documents.

4 Page 4 of 43 QUESTION 5: [28.0 marks] Is claim 7 obvious in view of D1-D3? Provide detailed supporting arguments, apply the appropriate case law, and refer to the appropriate sections of the documents. QUESTION 6: [2.0 marks] During your discussion with Jack, he mentioned to you that although he did not do it on purpose, he should not have been named as an inventor. Knowing this fact, what do you advise your client concerning a potential grounds for invalidity of Canadian Patent No. 2,xxx,777? What do you recommend to your client to eliminate the potential grounds for invalidity? Apply the appropriate section of the Patent Act. QUESTION 7: [3.0 marks] Based on the information provided, identify three reasons why Jack s request for reissue of Canadian Patent No. 2,xxx,777 would not be successful? Candidate is to assume that proper amended claims 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

5 CA 777 Page 5 of 43 Canadian Patent No. 2,xxx,777 Issue Date: May 30, CUTTING TOOL National Phase Entry Date: 15 November 2013 International Publication Number: WO 2012/yyyyyy International Publication Date: 22 November 2012 International Application Number: PCT/CA2012/xxx456 International Filing Date: 14 May 2012 Priority Data: US 61/xxx,123 filed 16 May 2011 Inventors: Peter Tree; Jack Flower Owner: Sharp & Clean Inc. 20 FIELD OF THE INVENTION [1] The present invention relates to cutting tools, and more specifically to a cutting tool having the blades engaged with one another at a pivot point for movement in a scissorlike manner. BACKGROUND OF THE INVENTION [2] When hedge shears are used for cutting branches, the branches to be cut are gathered into an opening defined by the cutting blades at the beginning of the cutting movement, when the cutting blades are in an open position. As the cutting movement progresses, most branches are cut using the outermost ends of the cutting blades, which is disadvantageous since at the outermost ends of the cutting blades the cutting power is the lowest. Consequently, a user of the hedge scissors must put in a greater effort in order to cut the branches with the outermost parts of the cutting blades. This results in an inefficient cutting operation. [3] In most known devices, the cutting power remains constant over the entire cutting distance between the open position and the closed position. Hence, the cutting movement

6 CA 777 Page 6 of 43 is inefficient, since the process of gathering the branches into the opening defined by the cutting blades requires considerably less power than that of actually cutting the branches [4] Transmission mechanisms or systems such as gear teeth are widely used in various cutters to enhance the cutting power. This often leads to increased movement of the handles, which compels the user to take a wider grip than would otherwise be necessary. A problem with the transmission arrangement is that at least one of the transmission teeth is integral with a blade, meaning that the teeth are made of the same material as the blade. It is a laborious procedure to work metal, which can be an expensive material. Therefore, this design of hedge shears can be expensive to manufacture. Furthermore, transmission mechanisms integrally formed in the blade cause branches to enter between teeth of the transmission mechanism during the cutting operation, which hinders or even prevents proper operation of the hedge shears. SUMMARY OF THE INVENTION [5] An object of the invention is thus to provide a cutting tool which enables the aforementioned problems to be solved. The object of the invention is achieved by a cutting tool which is characterized in that the power transmission mechanism comprises first transmission teeth and second transmission teeth provided on an engagement member attached to a blade pivot. Third transmission teeth are provided with the first handle and fourth transmission teeth are provided with the second handle. The first transmission teeth and the third transmission teeth are arranged to be engaged with one another. Similarly, the second transmission teeth and the fourth transmission teeth are arranged to be engaged with one another, to transmit power from the handles to the cutting blades. The present cutting tool is capable of increasing the cutting power, i.e. to produce a gradual cutting force. In the hedge shears, the transmission mechanism is provided such that the greatest force is produced when it is needed, i.e. towards the end of the cutting movement. [6] An advantage of the system according to the invention is that the transmission mechanism does not have to be provided in (e.g. integral with) the cutting blades, and

7 CA 777 Page 7 of 43 may therefore be manufactured from a material less expensive than metal, e.g. from plastic or another material. BRIEF DESCRIPTION OF THE DRAWINGS 5 [7] The invention is now described in closer detail in connection with preferred embodiments and with reference to the accompanying drawings, in which: [8] FIG. 1 shows a cutting tool according to the present invention; [9] FIG. 2 shows an enlargement of section A of the cutting tool of FIG. 1; and [10] FIGS. 3 to 6 show different portions of FIG. 2 highlighted. DETAILED DESCRIPTION [11] FIG. 1 shows an embodiment of a cutting tool according to the present invention, which in this embodiment is hedge shears. These hedge shears comprise a first handle 2 and a second handle 4. The handles are generally straight, elongated parts and they may be made of steel, plastic, aluminum or any other suitable material. The handles may comprise, at their ends, grip parts for the user's hands. The hedge shears further comprise cutting blades 6 and 8, which are made of steel or aluminum or another suitable material. The cutting blades 6 and 8 further comprise cutting edges 50. [12] According to FIG. 1, the first cutting blade 6 is connected to, and preferably attached to, the first handle 2 at a first handle pivot 40 and the second cutting blade 8 is connected to, and preferably attached to, the second handle 4 at a second handle pivot 42. The cutting blades 6 and 8 are thus pivotally attached to the corresponding handles 2 and 4 at the handle pivots 40 and 42, respectively. The cutting blades 6 and 8 are further pivotally attached to one another at a blade pivot 10. The blade pivot 10 allows the cutting blades 6 and 8 to pivot or rotate relative to one another. The turning of the cutting blades 6 and 8 in relation to one another produces a scissor-like movement of the cutting blades 6 and 8 when the handles 2 and 4 are moved in relation to one another. In FIG. 1, moving the handles 2 and 4 towards one another makes the cutting blades 6 and 8 move

8 CA 777 Page 8 of towards one another when the cutting blades 6 and 8 turn around the blade pivot 10 to the closed position. At the same time, the cutting blades 6 and 8, in relation to the corresponding handles 2 and 4, also turn around the handle pivots 40 and 42 such that during the cutting movement, the distance traveled by the handles 2 and 4 is longer than that traveled by the cutting blades 6 and 8. Similarly, moving the handles 2 and 4 away from one another makes the cutting blades 6 and 8 move apart, to an open position in which an opening widens between the cutting blades 6 and 8, for receiving branches to be cut. [13] FIG. 2 shows an enlargement of section A of FIG. 1. Both in FIG. 1 and FIG. 2, upper parts and outlines are shown in continuous lines while parts beneath these upper parts are shown in broken lines. In FIGS. 3 to 6, different portions of FIG. 2 are highlighted. [14] The cutting tool of the present invention includes a guiding mechanism. As shown in FIG. 2, the first handle 2 comprises a first guiding member 26and the second handle 4 comprises a second guiding member 28, which constitute the guiding mechanism. The first guiding member 26 comprises first guiding teeth 12 and the second guiding member 28 comprises second guiding teeth 14, as shown with thick lines in FIG. 3. In this embodiment, the first and the second guiding members 26 and 28 are immovably attached to the first and the second handles 2 and 4, respectively. In other words, the first guiding member 26 does not move or turn in relation to the first handle 2. Similarly, the second guiding member 28 does not move or turn in relation to the second handle 4. However, the first and the second guiding members 26 and 28 turn in relation to the cutting blades 6 and 8 during the cutting movement. When the hedge shears are used, the scissor-like movement of the cutting blades 6 and 8 is initiated by moving the handles 2 and 4 in relation to one another. During the movement of the handles 2 and 4, the guiding teeth 12 and 14 intermesh with one another. Therefore, the first and second guiding members 26 and 28 operatively engage the handles 2 and 4 with one another to guide the relative movement therebetween. The guiding mechanism thus engages the handles 2 and 4 with one another, enabling a reciprocal movement therebetween in order to produce a scissor-like movement of the cutting blades 6 and 8.

9 CA 777 Page 9 of [15] The first and second guiding members 26 and 28 may be integral with the handles 2 and 4. The number of parts can thus be reduced. The first and second guiding members 26 and 28 and the first and second guiding teeth 12 and 14 may be made of plastic, steel, aluminum or another suitable material, and they may be designed according to the dimensions and desired properties of the hedge shears. The first and second guiding members 26 and 28 may be any parts which engage the handles 2 and 4 operatively with one another to guide the movement therebetween. [16] The blade pivot 10 is provided with first transmission teeth 16 and second transmission teeth 18 provided on an engagement member 24, as shown with thick lines in FIG. 4. The engagement member 24 is attached to the blade pivot 10 such that it is immovable in relation to the blade pivot 10 when the hedge shears are used. In other words, the engagement member 24 does not turn around the blade pivot 10 when the hedge shears are used. The engagement member 24 is attached to the blade pivot 10. The engagement member 24 may be made of plastic, steel, aluminum or another suitable material. Furthermore, the engagement member 24 may comprise one or more separate parts, in which case different parts may constitute the first and the second transmission teeth 16 and 18. The first and the second transmission teeth 16 and 18 may be substantially similar in shape. [17] The first handle 2 is provided with third transmission teeth 20 and the second handle 4 is provided with fourth transmission teeth 22. In FIGS. 1 and 2, the third and fourth transmission teeth 20 and 22 are integral with the handles 2 and 4. Alternatively, they may be provided as separate parts to be fixedly attached to the handles 2 and 4. Thus, while the hedge shears are used, these third and fourth transmission teeth 20 and 22 turn in relation to the cutting blades 6 and 8 and in relation to the engagement member 24. The third and fourth transmission teeth 20 and 22 may be made of plastic, steel, aluminium or another suitable material, and be identical in shape. [18] The third and fourth transmission teeth 20 and 22 move with the movement of the handles 2 and 4. In particular, the first transmission teeth 16 and the third transmission teeth 20 intermesh with one another, and the second transmission teeth 18 and the fourth

10 CA 777 Page 10 of transmission teeth 22 intermesh with one another and therefore move with the movement of the handles 2 and 4. The force applied for closing the handles 2 and 4 is transmitted to the cutting blades 6 and 8 by the power transmission mechanism: the inter-engaging first transmission teeth 16 and third transmission teeth 20, as shown with highlighted lines in FIG. 5, and the second transmission teeth 18 and the fourth transmission teeth 22, as shown with highlighted lines in FIG. 6. The cutting blades 6 and 8 move towards a closed position, turning around the blade pivot 10 in relation to one another. [19] During the cutting movement, the first handle 2 and the first cutting blade 6 turn around the first handle pivot 40. Simultaneously, the second handle 4 and the second cutting blade 8 turn around the second handle pivot 42. The cutting blades 6 and 8 turn in relation to one another around the blade pivot 10. In this case the shape of the first, second, third and fourth transmission teeth 16, 18, 20 and 22 and the intermeshing thereof, together with the first handle pivot 40, the second handle pivot 42 and the blade pivot 10 enable the cutting power to be transmitted from the handles 2 and 4 to the cutting blades 6 and 8. The power transmission mechanism, including the first, second, third and fourth transmission teeth 16, 18, 20, and 22, operates in relation to the three pivots 10, 40, and 42, wherein the power transmission mechanism constitutes a gear system, which provides a cutting power transmission ratio from the handles 2 and 4 to the cutting blades 6 and 8. The ratio changes during the cutting movement as the cutting blades 6 and 8 move from the open position to the closed position. Preferably, this cutting power transmission ratio increases during the cutting movement as the cutting blades 6 and 8 move towards the closed position. Such a gradual cutting power transmission enables the cutting force of the blades 6 and 8 to be increased by two- or threefold or even more as compared with the force applied to the handles 2 and 4. [20] When the blades 6 and 8 turn around the blade pivot 10, the power transmission mechanism transmits the force applied to the handles 2 and 4 to the cutting blades 6 and 8. The shape of the first, second, third and fourth transmission teeth 16, 18, 20, and 22 of the power transmission mechanism is such that during the cutting movement the cutting power of the blades 6 and 8 increases in relation to the force applied to the handles 2 and 4 as the cutting blades 6 and 8 approach the closed position. According to the above, the

11 CA 777 Page 11 of power transmission mechanism provides an increase in the power transmission ratio when the cutting blades 6 and 8 approach the closed position. Preferably, this increase in the cutting power is provided by cooperation of the first and the third transmission teeth 16 and 20 and the second and the fourth transmission teeth 18 and 22 and the geometry thereof. The radius of each of the first, second, third and fourth transmission teeth 16, 18, 20, and 22 preferably varies gradually during the cutting movement. The shorter the radius of the third and fourth transmission teeth 20 and 22 is relative to the first and second handle pivots 40 and 42, respectively, the larger the power transmission ratio becomes. The cutting power of the cutting blades 6 and 8 is increased by two- or threefold or even more as compared with the force applied to the handles 2 and 4. [21] To guide the mutual movement of the handles 2 and 4 and the cutting blades 6 and 8, the hedge shears are further provided with the guiding mechanism which guides the relative mutual position of the cutting blades 6 and 8 and handles 2 and 4 during the cutting movement. The guiding mechanism is formed by the first and second guiding teeth 12 and 14. The first and second guiding teeth 12 and 14 intermesh with one another to keep the position of the cutting blades 6 and 8 relative to the handles 2 and 4, during the cutting movement. Preferably, the guiding mechanism enables the movement of the cutting blades 6 and 8 and the handles 2 and 4 to be symmetrical about the blade pivot 10. [22] Also other kinds of mechanisms to guide the movement of the handles and the cutting blades may be used. Examples of such guiding mechanisms include a curved member which is attached to the first handle, between its ends, and extends between the first and the second handle. The second handle is further provided with a sleeve or another receiving part enabling the arch to slide therein. It is also possible to use various a pin and slot arrangement as the guiding mechanism. This enables the relative movement between the cutting blades to be guided.

12 CA 777 Page 12 of 43 CLAIMS: A cutting tool comprising: a) a first handle connected to a first cutting blade and a second handle connected to a second cutting blade; b) the first and second cutting blades being engaged with one another at a blade pivot such that the first and second cutting blades are movable between an open position and a closed position in response to a relative rotational movement of the first and second handles around the blade pivot; and c) a power transmission mechanism for transmitting power from the handles to the cutting blades, the power transmission mechanism including first transmission teeth and second transmission teeth attached to the blade pivot, and third transmission teeth provided with the first handle and fourth transmission teeth provided with the second handle, the first transmission teeth and the third transmission teeth being arranged to be engaged with one another and the second transmission teeth and the fourth transmission teeth being arranged to be engaged with one another in order to transmit power from the handles to the cutting blades. 2. The cutting tool of claim 1, wherein the first cutting blade is attached to the first handle at a first handle pivot, and the second cutting blade is attached to the second handle at a second handle pivot. 3. The cutting tool of claim 1 or 2, further comprising a guiding mechanism for guiding movement between the first and second cutting blades and/or between the first and second handles. 4. The cutting tool of claim 3, wherein the guiding mechanism comprises a first guiding member provided with the first handle and a second guiding member provided with the second handle, the first and the second guiding members being arranged to be engaged with one another for guiding movement between the first and second cutting blades and/or between the first and second handles. 5. The cutting tool of claim 4, wherein the first and the second guiding members are integral with the first handle and the second handle, respectively.

13 CA 777 Page 13 of The cutting tool of claim 1, wherein the first and second transmission teeth are provided on an engagement member attached to the blade pivot. 7. A cutting tool comprising: a) a first cutting blade attached to a first handle at a first handle pivot; b) a second cutting blade attached to a second handle at a second handle pivot; c) the first and second cutting blades being engaged with one another at a blade pivot such that the first and second cutting blades are movable between an open position and a closed position in response to a relative rotational movement of the first and the second handles around the blade pivot; d) a first guiding member provided with the first handle and a second guiding member provided with the second handle, the first and second guiding members being arranged to be engaged with one another for guiding movement between the first and second cutting blades and/or between the first and second handles; e) a power transmission mechanism for transmitting power from the handles to the cutting blades, the power transmission mechanism including first transmission teeth and second transmission teeth provided on an engagement member attached to the blade pivot so that the engagement member is immovable in relation to the blade pivot when the first and second cutting blades are moved between the open position and the closed position, and third transmission teeth provided with the first handle and fourth transmission teeth provided with the second handle, the first transmission teeth and the third transmission teeth being arranged to be engaged with one another and the second transmission teeth and the fourth transmission teeth being arranged to be engaged with one another in order to transmit power from the handles to the cutting blades; and f) wherein the first and third transmission teeth and the second and fourth transmission teeth are provided with varying radii so as to provide a cutting power transmission ratio which changes during cutting movement when the cutting blades move from the open position to the closed position.

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17 DOCUMENT D1 Page 17 of 43 DOCUMENT D Filing Date: March 5, 2009 Publication Date: September 7, 2010 Priority Data: None Canadian Patent No. 2,xxx,161 Issue Date: May 14, 2012 GARDENING SHEARS Inventor: Assignee: Edward Bush Ted s Tooling Inc. 15 BACKGROUND OF THE INVENTION [1] FIG. 1 shows a pair of conventional gardening shears 10, comprising two handles 12, and two cutting blades 14 pivotally connected to each other and fixed to the handles 12 respectively. When the handles 12 are forced to move toward each other, the cutting blades 14 can be driven to cut branches [2] Because the conventional gardening shears 10 are constructed with a single pivot, the cutting angle between the cutting blades 14 is determined by the opening angle between the handles 12. However, the handles 12 always have a fixed opening angle which restricts the cutting angle between the cutting blades 14, and thus the conventional gardening shears 10 can be used to cut only a branch that has a small diameter. Conventional gardening shears 10 are thus inconvenient in operation. BRIEF DESCRIPTION OF THE DRAWINGS [3] The present invention will become more fully understood from the detailed description given herein below and the accompanying drawings which are given by way of illustration only, and thus are not limitative of the present invention, and wherein: 30 [4] FIG. 1 is a front view of prior art gardening shears; [5] FIG. 2 is an exploded view of a pair of gardening shears according to a first preferred embodiment of the present invention that can increase shearing area by means

18 DOCUMENT D1 Page 18 of 43 of teeth meshing transmission; [6] FIG. 3 is a front view of the gardening shears according to the first preferred embodiment of the present invention, in which two protecting covers are removed for illustrative purpose; and 5 [7] FIG. 4 is another front view of the gardening shears according to the first preferred embodiment of the present invention, showing the operation status of the gardening shears. DETAILED DESCRIPTION [8] As shown in FIG. 2, a pair of gardening shears 20 in accordance with a first preferred embodiment of the present invention comprises a first handle 30, a second handle 40, a first cutting blade 50, a second cutting blade 60, and a pair of protecting covers 70. [9] As shown in FIGS. 2 and 3, the first handle 30 is provided at a top end thereof with a first teeth portion 32 and a second teeth portion 34. The first teeth portion 32 is formed with a plurality of first top teeth 302 that are integrally formed at the top end of the first handle 30, and the second teeth portion 34 is formed with a plurality of first lateral teeth 304 and teeth of a first gear 306 located behind the lateral teeth 304. [10] The second handle 40 is provided at a top end thereof with a third teeth portion 42 and a fourth teeth portion 44. The third teeth portion 42 is formed with a plurality of second top teeth 402 that are integrally formed at the top end of the second handle 40, and the fourth teeth portion 44 is formed with a plurality of second lateral teeth 404 engaged with the first gear 306 and teeth of a second gear 406 engaged with the first lateral teeth 304. [11] The first cutting blade 50 has a first cutting edge 52 and a fifth teeth portion 54 integrally formed at a bottom end of the first cutting blade 50 and engaged with the first teeth portion 32 of the first handle 30.

19 DOCUMENT D1 Page 19 of 43 [12] The second cutting blade 60 is pivotally connected to the first cutting blade 50 through a pivot 66 and provided with a second cutting edge 62 facing the first cutting edge 52, and a sixth teeth portion 64 integrally formed at a bottom end of the second cutting blade 60 and engaged with the third teeth portion 42 of the second handle [13] The protecting covers 70 each have a top pivotally connected to the pivot 66 and a bottom fastened to the first handle 30 and the second handle 40 through two screws 72 to clamp the first handle 30, the second handle 40, the first cutting blade 50, and the second cutting blade 60 together. [14] When using the gardening shears 20, a user can force the first handle 30 and the second handle 40 to move away from each other through the engagement of the first lateral teeth 304 of the first handle 30 and the second gear 406 of the second handle 40 and the engagement of the first gear 306 of the first handle 30 and the second lateral teeth 404 of the second handle 40, so as to drive the first cutting blade 50 and the second cutting blade 60 to move away from each other through the engagement of the first teeth portion 32 of the first handle 30 and the fifth teeth portion 54 of the first cutting blade 50 and the engagement of the third teeth portion 42 of the second handle 40 and the sixth teeth portion 64 of the second cutting blade 60, allowing a cutting mouth 22 defined between the first cutting edge 52 and the second cutting edge 62 to be opened, as shown in FIG. 4. Thereafter, the user can place a to-be-cut branch in the cutting mouth 22 and force the first handle 30 and the second handle 40 to move toward each other for driving the first cutting edge 52 of the first cutting blade 50 and the second cutting edge 62 of the second cutting blade 60 to cut the branch placed in the cutting mouth 22 by means of the engagement of the first teeth portion 32 of the first handle 30 and the fifth teeth portion 54 of the first cutting blade 50 and the engagement of the third teeth portion 42 of the second handle 40 and the sixth teeth portion 64 of the second cutting blade 60. [15] In comparison with the conventional gardening shears that are constructed with a single pivot, the gardening shears of the present invention are worked by the engagement of teeth such that the area of the cutting mouth of the gardening shears of the present invention can be greater than that of the conventional gardening shears, and consequently

20 DOCUMENT D1 Page 20 of 43 the gardening shears of the present invention can be applied to cut a branch with a large cross-sectional area, thereby providing the advantage of convenient operation.

21 DOCUMENT D1 Page 21 of 43 FIG.1 (PRIOR ART)

22 DOCUMENT D1 Page 22 of 43 FIG.2

23 DOCUMENT D1 Page 23 of 43 FIG.3

24 DOCUMENT D1 Page 24 of 43 FIG.4 * * *

25 DOCUMENT D2 Page 25 of 43 DOCUMENT D Filing Date: August 8, 1967 Publication Date: July 22, 1969 Priority Data: None United States Patent No. 3,xxx,232 Issue Date: July 22, 1969 SHEARS Inventor: Assignee: Larry Sunflower Florida Tool Works SUMMARY OF THE INVENTION [1] This invention relates to shears, nippers, and similar tools in which two blades or jaws are approached to each other by the compression together of the handles. The object of the invention is that a great power or leverage may be attainable in the cutting or nipping action of the tool by the movement of the handles that operate the blades or jaws. Such improved tools will therefore be especially suitable for cutting or working hard materials, such as metal. The present improvement is achieved by permitting or causing the angular movement of the handles toward each other to be greater in proportion to the angular movement of approach of the blades than is the case with tools in which the handles and the respective blades are integrated with one another to form single parts. BRIEF DESCRIPTION OF THE DRAWINGS [2] In the accompanying drawings, [3] FIG. 1 is a side view of improved metal-cutting shears of the present invention as shown partly open; [4] FIG. 2 is an edge view of the shears of FIG [5] FIG. 3 is a view similar to FIG. 1 showing the shears closed. [6] FIG. 4 is a detail view of one of the blades of the shears of FIG. 1. [7] FIGS. 5 and 6 are respectively open and closed aspects of a pair of wire-nippers made according to this invention.

26 DOCUMENT D2 Page 26 of 43 [8] FIGS. 7 and 8 are respectively open and closed aspects of another pair of improved wire-nippers of the present invention of greater strength than those shown n Figs. 5 and 6. [9] FIG. 9 is a side view of tailors shears of the present invention DETAILED DESCRIPTION [10] In FIGS. 1 and 2, the blades 10, 12, which are pivoted one on the other by a pin or bolt 20, each have a pivot extension 22, 24 extending handleward from the pin 20. Handles 14, 16 are respectively rotatably attached to the extensions 22, 24 by bolts 26, 28. These handles 14, 16 each have teeth 30, which mesh with corresponding teeth 32 on the blade 10 or 12 to which the respective handle is not pivoted. [11] This construction causes the movement of the handles 14, 16 relative to the blades 10, 12 to be greater than would be the case if the handles were solid with the respective blades. 15 [12] In FIG. 3 the dotted position of the handle 16 is equivalent to the closed position of the blades if the handle were fixed with the blade in the position in FIG. 1. The difference indicated by the arc 40 (FIG. 3), is therefore the gain of movement each handle acquires by this invention. [13] In FIGS. 5 and 6 rounded teeth 30, 32 are shown instead of the usual-shaped teeth in FIG. 1. In all other and essential respects the construction is the same [14] In FIGS. 7 and 8 the nippers shown are of greater power, since the pitch-radius of the teeth 30 (distance between teeth 30 and the bolts 26, 28) is much less than that of the teeth 32 (distance between teeth 32 and the bolt 20). This tool will require to be worked with two hands. [15] In FIG. 9 the tailors shears are made on the same principle. One of the blades 12 - the lower one - has, however, also a rearward extension 42, which rests on a flat surface

27 DOCUMENT D2 Page 27 of 43 such as, for example, a table (not shown), on which the cutting is done and keeps the shears upright, serving as a stand or base-plate for them.

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30 DOCUMENT D3 Page 30 of 43,, DOCUMENT D United States Patent No. 8,xxx,383 Issue Date: May 14, 2014 LOPPING APPARATUS Filing Date: 14 June 2012 Publication Date: 18 December 2012 Priority Data: GB filed 16 June 2011 Inventor: Assignee: Tom Spruce Gardening Tools LTD BACKGROUND OF THE INVENTION [1] Numerous lopping devices have been designed for pruning branches from plants such as trees, shrubs, and bushes. In such devices, after the cutting operation is complete, the handles are moved toward each other to their fullest extent thereby causing the blades to close to their fullest extent. Usually, the device is then stowed in this closed configuration during periods of non-use in a storage area such as a garage or utility shed. [2] Space is generally at a premium in storage areas such as garages and utility sheds. As a result, it would be desirable to decrease the amount of space occupied by implements and tools such as lopping devices which are stowed away in these storage areas. Moreover, it is desirable to provide an extra degree of safety to implements and tools such as lopping devices while such devices are stowed. It is further desirable to provide a lopping apparatus which is extremely durable. BRIEF DESCRIPTION OF THE DRAWINGS 30 [3] FIG. 1 is a side elevational view of a lopping apparatus which incorporates the features of the present invention therein, with the lopping apparatus being shown in the lopping mode of operation;

31 DOCUMENT D3 Page 31 of 43 [4] FIG. 2 is a view similar to FIG. 1, but showing the first handle and the second handle each being rotated outwardly relative to its position in FIG. 1; [5] FIG. 3 is a side elevational view of the lopping apparatus of FIG. 1, but showing the lopping apparatus in the storage mode of operation; 5 [6] FIG. 4 is a bottom elevational view of the lopping apparatus of FIG. 1; [7] FIG. 5 is a sectional view taken along the line 5-5 of FIG. 1 as viewed in the direction of the arrows, with the gripping portion of the handle removed for clarity of description; and 10 [8] FIG. 6 is a view similar to FIG. 3, but showing the opposite side of the lopping apparatus which is shown in FIG. 3 (i.e. the lopping apparatus of FIG. 6 is shown after it has been rotated 180 relative to its position in FIG. 3). DETAILED DESCRIPTION [9] Referring now to the drawings, FIGS. 1-6 show a lopping apparatus 10 which incorporates the features of the present invention therein. The lopping apparatus 10 includes a handle 12 and a handle 14. The handle 12 includes a gripping portion 13, while the handle 14 includes a gripping portion 15. The handle 12 has a blade storage compartment 16 defined therein, while the handle 14 has a blade storage compartment 18 defined therein. [10] The lopping apparatus 10 further includes a blade member 20 and a blade member 22. The blade member 20 has a cutting portion 24, while the blade member 22 has a cutting portion 26. The cutting portion 24 cooperates with the cutting portion 26 so as to function as an anviltype cutter as is well known in the art. [11] The blade member 20 is pivotally connected to the handle 14 with a fastener 28 at a handle connection location 29. Similarly, the blade member 22 is pivotally connected to the handle 12 with a fastener 30 at a handle connection location 31. Moreover, the blade member 20 has a fastener aperture which extends therethrough at a blade connection location 50, and also the blade member 22 further has a fastener aperture which extends therethrough at the blade connection location 50. A bolt 52 extends through both (i) the fastener aperture of blade

32 DOCUMENT D3 Page 32 of 43 member 20, and (ii) the fastener aperture of blade member 22. A nut 54 is fastened on the end of the bolt 52 as shown in FIG. 6 so as to ensure that the blade member 20 is pivotally secured to the blade member [12] The handle 12 further includes a gear portion 34 defined in an end thereof, while the handle 14 includes a gear portion 36 defined in an end thereof. The gear portion 34 meshes with the gear portion 36 during movement of the handle 12 relative to the handle 14. The gear portions 34, 36 facilitate proper positioning of the handle 12 relative to the handle 14 during operation of the lopping apparatus 10. Moreover, providing the lopping apparatus with the gear portions 34, 36 enhances the durability of the lopping apparatus since the gear portions 34, 36 share the mechanical load exerted on the various components of the lopping apparatus 10 during a lopping operation. [13] As shown in FIG. 3, the gear portion 34 includes a number of gear teeth 38 and a number of gear teeth 39. The gear teeth 38 define a number of gear slots 40 and the number of gear teeth 39 define a number of gear slots 41. Each gear slot 40 is defined between an adjacent pair of gear teeth 38. Similarly, each gear slot 41 is defined between an adjacent pair of gear teeth 39. Each of the gear teeth 38 is respectively aligned with each of the gear slots 41. Similarly, each of the gear teeth 39 is respectively aligned with each of the gear slots 40. To give meaning to the term "aligned" as it is used in this document, it should be understood that a gear tooth 39 is aligned with a gear slot 40 since the gear tooth 39 is visible through the gear slot 40 in a side elevational such as FIG. 3, as opposed to the gear tooth 39 being hidden behind a gear tooth 38. While significant advantages are achieved by having gear teeth 38, 39 respectively aligned with gear slots 40, 41, many of the advantages of the invention would still be achieved if the gear teeth 38, 39 were not respectively aligned with gear slots 40, 41, but rather the gear teeth 38 were respectively aligned with the gear teeth 39, and the gear slots 40 were respectively aligned with the gear slots 41. [14] The gear portion 36 includes a number of gear teeth 44 and a number of gear teeth 45. The gear teeth 44 define a number of gear slots 46 and the number of gear teeth 45 define a number of gear slots 47. Each gear slot 46, 47 is defined between an adjacent pair of respective

33 DOCUMENT D3 Page 33 of 43 gear teeth 44, 45. Each of the gear teeth 44, 45 is respectively aligned with each of the respective gear slots 47, [15] During operation of the lopping apparatus 10, the gear teeth 38 mesh with the gear teeth 44, while the gear teeth 39 mesh with the gear teeth 45. In particular, such meshing occurs when (i) the gear teeth 38, 39 are advanced in and out of the respective gear slot 46, 47, and (ii) the gear teeth 44, 45 are advanced in and out of the respective gear slot 40, 41. [16] The lopping apparatus 10 further includes a connecting link 56 and a connecting link 58. One end of the connecting link 56 is pivotally coupled to the handle 12 at a pivot location which defines a pivot axis 60, while the other end of the connecting link 56 is pivotally coupled to the handle 14 at a pivot location which defines a pivot axis 62. The pivot axis 60 and the pivot axis 62 defines a line L. In particular, a line drawn through both the pivot axis 60 and the pivot axis 62 as shown in FIGS. 1 and 2 defines the line L. Moreover, as shown in FIG. 6, one end of the connecting link 58 is also pivotally coupled to the handle 12 at the pivot location which defines the pivot axis 60, while the other end of the connecting link 58 is pivotally coupled to the handle 14 at the pivot location which defines the pivot axis 62. [17] Referring now to FIG. 5, the construction of the handle 12 is shown in greater detail. In particular, the handle 12 includes a left lateral exterior wall 64, a left lateral interior wall 66, a right lateral interior wall 68, and a right lateral exterior wall 70. The left lateral exterior wall 64 is spaced apart from the left lateral interior wall 66 so as to define a left lateral wall gap 72. The right lateral interior wall 68 is spaced apart from the right lateral exterior wall 70 so as to define a right lateral wall gap 74. The handle 12 further includes a back wall 76 secured between the left lateral interior wall 66 and the right lateral interior wall 68. The back wall 76, the left lateral interior wall 66, and the right lateral interior wall 68 collectively define the blade storage compartment 16. [18] The construction of the handle 14 is substantially similar to the construction of the handle 12 shown in FIG. 5, defining the blade storage compartment 18. [19] The lopping apparatus 10 is positionable in a lopping mode of operation (see e.g. FIGS. 1 and 2), and a storage mode of operation (see e.g. FIGS. 3 and 6). When the lopping apparatus 10

34 DOCUMENT D3 Page 34 of is positioned in the lopping mode of operation, (i) the cutting portion 24 and the cutting portion 26 are both positioned on a first side of the line L, and (ii) the blade storage compartment 16 and the blade storage compartment 18 are both positioned on a second side of the line L. On the other hand, when the lopping apparatus 10 is positioned in the storage mode of operation, (i) the cutting portion 24 and the cutting portion 26 are both positioned on the first side of the line L, (ii) the blade storage compartment 16 and the blade storage compartment 18 are both positioned on the first side of the line L, and (iii) a portion of the blade member 20, 22 is positioned in the respective blade storage compartment 16, 18. [20] It should be noted that the gripping portion 13 is able to contact the gripping portion 15 when the lopping apparatus 10 is positioned in the storage mode of operation. As shown in FIG. 6, a storage gap 78 is created between the handle 12 and the handle 14 when (i) the gripping portion 13 is in contact with the gripping portion 15, and (ii) the lopping apparatus 10 is positioned in the storage mode of operation. The nut 54 and the bolt 52 are both located in the storage gap 78 when (i) the gripping portion 13 is in contact with the gripping portion 15, and (ii) the lopping apparatus 10 is positioned in the storage mode of operation. [21] It should be appreciated that the lopping apparatus 10 is operated and stowed in the following manner. During a first period of time, the blade member 20 and the blade 22 are manipulated via handles 12, 14 to contact a plant such as a tree, shrub, or bush in a manner such that a limb of the plant is sheared off. Then, the handles 12, 14, and consequently the blade member 20 and the blade member 22, are manipulated so that the lopping apparatus 10 is positioned in a storage configuration as shown in FIG. 6. Thereafter, the lopping apparatus 10 is stowed away in a storage area such as a garage or utility shed for a second period of time while the lopping apparatus is positioned in the storage configuration. In this way, the lopping apparatus 10 occupies less space and assumes a configuration which provides an added degree of safety while it is stowed in the storage area.

35 DOCUMENT D3 Page 35 of 43 Fig.1

36 DOCUMENT D3 Page 36 of 43 Fig.2

37 DOCUMENT D3 Page 37 of 43 Fig.3 Fig.4

38 DOCUMENT D3 Page 38 of 43 Fig.5 Fig.6 * * *

39 DOCUMENT D4 Page 39 of 43 April 13, 2017 The Commissioner of Patents Canadian Intellectual Property Office Place du Portage, Phase I 50 Victoria Street, Room C-114 Gatineau, QC, K1A 0C9 REQUEST FOR REISSUE Dear Commissioner: This is a request for reissue of Canadian Patent No. 2,xxx,777, issued on May 30, 2015 to Sharp & Clean Inc. concerning a CUTTING TOOL. The grounds for reissue are as follows: 1. This patent is incomplete, as dependent claims are missing. These missing claims relate to features of the invention described in the description but not in the present claims. 2. These claims are missing since during prosecution, the applicant forgot to instruct his patent agent to include the additional dependent claims. I thank you in advance for consideration of this matter and look forward to receiving the reissued patent in due course. Yours truly, Jack Flower, inventor Enclosures: Additional claims.

40 Page 40 of 43 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: [4.0 marks] Your client invented a hand dryer including opposed slots to allow airflow. On August 15, 2015, he filed a United States provisional patent application. On November 19, 2015, he filed a Canadian patent application claiming priority from the United States provisional patent application. However, your client forgot to inform you of the following disclosures or references which fully disclose the invention as described and claimed in your client s applications. List one reason why or why not each of the following disclosures or references may be cited against your client s application during prosecution. A. A Canadian patent application filed by your client s graduate student on June 5, 2015, but withdrawn six months later. Neither a priority claim nor a request for early publication was made. B. A journal article authored by your client, submitted July 10, 2015, accepted for publication on November 20, 2015 and published on a European Journal website on December 31, C. A PCT application filed by another inventor on September 20, 2015 claiming priority from an application filed September 20, The PCT application was published on March 24, 2016 but did not enter the national phase in Canada and the inventor does not want late national phase entry.

41 Page 41 of 43 D. A publication by another inventor on November 12, 2014 printed in India but having no circulation in Canada. QUESTION 9: [4.0 marks] Your client, ABC Ltd., has filed a patent application in Canada, US and Europe for the same invention. ABC Ltd. receives a Notice of Allowance with respect to its Canadian patent application. a) ABC Ltd. wants to advance prosecution and allowance in the US and Europe based on the allowed claims of the Canadian patent application. (No authority or statutory support is required.) i) In view of the above scenario, name the best route ABC Ltd. can take to advance prosecution in the US and Europe. ii) Name one reason why you may not be able to take the route in i). b) ABC Ltd. wants to file a voluntary Canadian Divisional application to include additional claims. i) Give one reason why ABC Ltd. should not file a voluntary Divisional in Canada. ii) Give another option for ABC Ltd. and list the steps involved, the cost (if any) and the relevant sections of the Patent Act and Patent Rules. QUESTION 10: [1.0 mark] When construing patent claims in Canada, what should you NOT do? Marks will be awarded only for full correct answer (only letter(s) required). A) Construe the claims literally B) Construe the claims purposively C) Construe the claims with reference to the description of the patent