PATENT AGENT EXAMINATION PAPER A 2007...PATENT AGENT EXAMINATION PAPER A 2007 Dear Candidate, Paper...

PAPER A - 2007

PATENT AGENT EXAMINATION

PAPER A

2007

Dear Candidate,

Paper A is a patent drafting exercise in which you are requested to prepare a full

patent specification. As usual, significant weight (60%) is given to the claims during

the evaluation, but you are required to demonstrate that you can draft a full patent

specification.

We are evaluating the capacity of candidates to draft the essentials and the nuances

of a patent application. The inventor can use descriptive language that is sub-

optimal for the purposes of drafting an application. Accordingly a more meritorious

application will invariably be drafted by the patent agent. In the present case,

additional marks are likely to be awarded to those candidates who will draft in their

own words the entire specification, instead of using cut and pasted portions from the

examination booklet and prior art patents.

In the present case scenario, you are a patent agent, and have interviewed your

client who explains his inventions as follows, in his own words:

*******************

Podiatric orthoses are used to support the human foot in a shoe or

boot, and have been known for quite some time in the field. These devices are often

made of a single piece of plastic, although models differ.

Orthotics aim to properly adjust the orientation of a person's foot

during gait, for controlling its motion in view of mitigating the adverse effects of

PAPER A - 2007

pediatric anomalies. The anomaly need not be significant to result in problems to the

person, such as back problems for example, if left unattended.

The problems with existing orthoses are numerous. Before I describe

these problems, let me refer to the enclosed figures 4 to 7 where you can see a

person's foot equipped with my orthosis. The foot conventionally defines a heel H

where the calcaneum bone C is located; and five bones called the metatarsals M

that lead to the five toes T.

Back to the pre-existing models of orthoses, a first problem associated

with most conventional orthoses is that lesions are often created on the front plantar

portion of the foot, under the metatarsal heads or rearwardly near them, by the front

edge of the orthosis. This can be the result of a poor orthosis design, or of the

orthosis shifting in the shoe during gait. The orthoses often extend short of the toes

to take up less space in the shoe, and although the orthosis is expected to gradually

frontwardly slope towards the shoe's sole so as to form therewith an almost

continuous surface under the metatarsal head region, the reality is otherwise: the

frontmost edge of the orthosis often repetitively raises during gait above the shoe's

sole, and under repetitive contact with the foot plantar surface and is likely to cause

lesions and injure the foot plantar metatarsal region. Moreover, the foot is often not

allowed to recover from these lesions, since the already injured plantar foot portion

continues to suffer lesions from its subtle contact with the linear front edge portion

of the orthosis under continued use of the orthosis.

Movement of the orthosis in the shoe is a very important problem for

those who use them, since in addition to being the cause of foot lesions and

generally being uncomfortable if improperly placed, they can damage the shoe and

in some instances literally not act as expected, podiatrically speaking, due to their

misplacement.

Other problems of the known orthoses are that some of them take too

much volume in the shoe, so the foot is uncomfortably compressed inside the shoe;

and some of them do not support the foot arch, its sides or the heel properly, so the

pediatric effect is mitigated.

PAPER A - 2007

My orthosis, shown in the enclosed figures 1-7, solves these problems.

I'm convinced that no other such orthosis exists, and that this orthosis will have

important commercial success.

The orthosis is made of a single piece of resilient plastic and has a thin

bottom wall B that will rest inside the shoe when we insert the orthosis in the shoe.

Lateral walls L located at the rear of the orthosis extend from the side of the orthosis

and curve behind the heel of the person wearing the orthosis. There's an empty

space O made between the walls L and the person’s heel can contact the footwear

through the space in the orthosis, to assist in positioning the orthosis. The walls

extend about at mid-length of the orthosis.

Generally, the orthosis acts to support the person's foot and to orient

it properly. Many foot problems relate to the fact that the foot might be misaligned,

for example if it rolls or tilts laterally, especially during gait. My orthosis corrects

those pediatric positional anomalies: more particularly, side walls L have the

purpose of supporting the sides of the person's foot and the arch of the foot and

obtaining the desired positional adjustment.

A person using my orthosis will have one custom-made to his foot,

after making a mold corresponding to his foot. This allows the dimensions and

configuration of the orthosis to be calculated exactly. However, I admit that we could

also have the orthosis pre-made into several predetermined dimensions that could

accommodate most feet of a corresponding dimension.

In use, the person will install the orthosis inside his shoe, with the

lateral walls L near the rear of the shoe. When he puts on his shoe, the foot will slide

along the slippery plastic orthosis top surface to gain the desired position in the

shoe. When a person's weight is applied on the orthosis, not only will the orthosis

consequently frictionally engage the inner top surface of the shoe's sole, but also the

lateral walls L will flex and move under the person's weight away from each other

and against the shoe side walls. By thus moving outwardly towards and pressuring

against the shoe inner walls, the orthosis side walls L will allow the orthosis to be

correctly positioned when the person wears his shoe with the orthosis therein.

PAPER A - 2007

The front of my orthosis has small indentations that fit under the

anterior metatarsals of the foot when the orthosis is worn (see figures 4 and 5 in

particular). The indentations will help prevent foot lesions as they will allow the front

of the orthosis to conform to the person's foot. Indeed, the metatarsals can each rest

in a corresponding one of the indentations, as opposed to the prior art orthoses

where a linear front edge caused lesions under the metatarsals.

The indentations might also incidentally help with fine positional

adjustment of the orthosis, but those indentations alone would not be sufficient to

properly position the orthosis when the shoe and the orthosis are worn. The semi-

rigid orthosis lateral walls L that can independently move are what allow the

positional adjustment of the orthosis within the shoe when it is worn, and these side

walls L are necessary to allow the indentations to be properly aligned with their

corresponding metatarsals. It must be understood that the positional adjustment of

the orthosis is of paramount importance if the front indentations are to be properly

position to help prevent plantar lesions instead of promoting them. We have tried

other methods of adjusting the position of the orthosis in the shoe, and no other

known method was deemed workable.

In an unbiased position, the orthosis can form an arch which has a

greater curvature than the shoe inner sole's arch. That way, a natural spring-back

effect forces the orthosis intermediate portion against the foot's arch as it becomes

cyclically spaced from the shoe's sole during gait. This adds to the pediatric effect

of the foot support, but is not an essential portion of my invention and I'm unsure if

my orthosis will actually be molded with this increased arch portion due to the

possible volume issues in some shoes.

I've found that providing a concave side S on my orthosis (see figures

4 and 5), although it doesn't necessarily help in its pediatric effect, allows the volume

of the orthosis in the shoe to be minimized. This feature is likely to find its way on

the final product nonetheless.

PAPER A - 2007

*********************

You have carried out a search, and found the following patents:

- US XXXX774 to Lelyveld

- US XXXX624 to Skinner

- US XXXX161 to Riley

Please prepare the patent application to best protect your client's product and its

main features, using the duplicate unmarked copies of the drawings provided in the

examination booklet and taking into consideration the prior art found during the

search.

PAPER A - 2007

EXTRA DRAWINGS

PAPER A - 2007

USP ‘774

PAPER A - 2007

UNITED STATES PATENT XXXX774

March 19, 1963 Lelyveld

USP ‘774

PAPER A - 2007


March 19, 1963 Lelyveld

ARCH SUPPORT WITH METATARSAL BAR

This invention relates to arch supports to be inserted in men’s, women’s or children’s

footware to provide support for the arch of the foot, especially the metatarsal portion

and the side margins of the arch. For this purpose I provide a shaped plate of

material which has a limited degree of flexibility and is made with low ribs arranged

as illustrated on the drawings for purposes hereinafter explained.

For a more complete understanding of the invention, reference may be had to the

following description thereof, and to the drawing, of which:

FIGURE 1 is a plan view of the arch support embodying the invention;

FIGURE 2 is a bottom plan view of the same;

FIGURE 3 is a section on the line 3-3 of FIGURE 1; and

FIGURE 4 is a section on the line 4-4 of FIGURE 1, showing the arch support in a

shoe.

The arch support illustrated on the drawing is preferably a one-piece molded plate

10 of a suitable synthetic resin such as polyethelene. The plate is shaped to fit into

the heel and shank portions of a shoe and is of a thickness to give it moderate

flexibility. The margins 12, 14 along the sides and rear end of the plate are

preferably turned up slightly to form a comfortable seat to receive the heel and arch

portions of a foot. The plate is longitudinally arched in accordance with curvature

of the shank of the shoe in which it is to be installed.

According to the invention, ribs are formed on the bottom face of the plate by

additional thickness of the plate partly to provide additional stiffness to the plate and

partly to press up through the plate when the weight of the foot is upon it, so as to

USP ‘774

PAPER A - 2007

form low ridges on the upper surface of the plate to press locally against certain

areas of the sole of the foot for extra support and balance. Two of these ribs 20, 22

extend generally lengthwise of the plate and are near but spaced inward from the

respective margins 12. As shown, the forward end portions 24, 26 of these ribs turn

toward each other. The ridges caused by these ribs on the upper surface of the

plate support the inner and outer longitudinal arches of the foot from the heel to the

first and fifth metatarsals respectively. Connecting the mid portions of the ribs 20,

22 is a transverse rib 30 which forms an H with the ribs 20, 22 and provides greater

support for the arch at the instep.

A fourth rib 32 is located near the forward end of the under face of the plate and

extends transversely forward of the end portions 24, 26 of the two longitudinal ribs

20, 22.

On the upper face of the plate a single transverse rib 34 is provided. This rib is

arcuate in shape and its end portions are directly over the end portions 24, 26 of the

ribs on the under face. This rib, reinforced by the rib 30 almost directly under it,

supports the front transverse arch of the foot under the second, third and fourth

metatarsals.

The polyethylene or other similar material employed for the arch support is

sufficiently yielding to raise low ridges thereon when the arch support is pressed

down strongly against a relatively unyielding surface such as the insole of a shoe.

This results in extra support for special portions of the sole of the foot, as

hereinbefore explained. The ribs also provide mechanical reinforcement for the

plate itself and thus reduce flexing fatigue of the materail of the plate, permitting the

use of a plate which is relatively thin and light.

CLAIMS OMITTED

USP ‘624

PAPER A - 2007


February 21, 1950 Skinner

USP ‘624

PAPER A - 2007


February 21, 1950 Skinner

Foot Cushion

This invention relates to improvements in foot cushions.

The object of this invention is to provide a novel foot cushion construction in which

the longitidual, transverse and metatarsal arches are flexibly supported.

Another object is to provide a construction for a foot cushion comprising a formed

resilient shape-retaining frame member for yieldably supporting and cushioning the

inner and outer longitudinal and transverse arches of a foot rested thereon.

Another object is to provide a foot cushion of such construction as to distribute body

weight correctly.

Another object of the invention is to provide, in a foot cushion, a novel association

of resilient arch-supporting means and cushions cooperating jointly to ensure

adequate support for all portions of the foot.

Other and further objects of the present invention will be apparent from the following

description, and are illustrated in the accompanying drawing which, by way of

illustration, shows an exemplary embodiment and the principles thereof. Other

embodiments of the invention embodying the same principle may be used and

structural changes may be made as desired by those skilled in the art, without

departing from the present invention.

USP ‘624

PAPER A - 2007

In the drawing:

Fig. 1 is a fragmentary side elevational view, partly in section, of a shoe, showing

the improved foot cushion arranged therein.

Fig. 2 is a plan view of the foot cushion showing the top covering removed.

Fig. 3 is a perspective view of the arch-supporting frame.

Fig. 4 is a transverse sectional view, taken substantially on the line 4-4 of Fig, 2.

Greater foot comfort may be obtained by the correct support of the foot so that body

weight is absorbed and distributed by the longitudinal arches. Such distribution of

the body weight is best obtained through the use of a foot cushion including a

molded shape-retaining arch-supporting frame capable of limited adjustment through

its inherent resilience in response to applied body weight so as to snugly grip the

foot and facilitate weight distribution to foot areas intended to support such weight.

Correct distribution of body weight allows the body to stand in a straighter and more

upright postion and allows for muscle relaxation at the posterior portion of the leg.

The bones and muscles of the feet, from heel to toe, lower when body weight is

applied and rise to their original position when body weight is removed. Thus, it is

apparent that foot health can best be maintained only when a foot support or

cushion is capable of yielding under body weight. The foot cushion of the present

invention yields in its entirety, providing a spring action for each arch and the heel

bone therof, thereby conforming to the natural functioning of foot movement.

Accordingly, the foot cushion embodying the features of the present invention,

includes a formed resilient shape-retaining frame member to underly and support

the longitudinal and transverse arches of the foot and resilient means such as pads

to cushion the metatarsal arch and the heel bone.

Referring to the drawing in detail, the foot cushion illustrated is constructed as an

USP ‘624

PAPER A - 2007

insert for the shoe 10, although it will become apparent that it may be built directly

into the shoe as a component therof. The shoe 10 includes the usual upper 11 and

sole 12.

As best shown in Fig. 1, the improved foot cushion is in the form of an insert

generally indicated at 13, which includes upper and lower covering layers of pliable

material 14 and 15, such as soft leather, a resilient pad 16, preferably of suitable

yieldable material such as foam rubber, a shape-retaining frame member 17, and

a cushion18. The pad 16, frame17, and cushion 18 are held in proper relationship

between the upper and lower layers 14 and 15 by means of a row of stiches 19

which extend around the perimeter of the insert and firmly join the marginal edges

of the upper and lower layers together. It should be quite evident, however, that the

upper and lower layers may be suitably joined by means other than the stiches 19

and also that, in the event the foot cushion is incorporated into the shoe

construction, the lower layer 15 may be entirely disposed of.

The frame member 17, which is best shown in Figs. 2 and 3, may be fabricated from

any suitable shape-retaining material such as plasticized fabric, it being formed into

substantially the shape best illustrated in Fig. 3 as by molding. As shown, the frame

17 includes a main body portion 21, which is suitably shaped transversely to

conform substantially to the normal transverse arch of the foot. Said body portion

also is suitably curved and shaped longitudinally to provide a marginal area 22,

which conforms substantially to the outer longitudinal arch of the foot and the

opposite side thereof is suitably shaped, as at 23, to conform to the inner

longitudinal foot arch. The posterior end of the frame 17 is formed with a deep end

recess 24 defining spaced rearwardly extending arm portions 25 and 26. These arm

portions constitute continuations of the shaped body portion and, when the frame

is mounted in the assembly, the end portions of the said arms are free for purposes

to be described hereinafter.

USP ‘624

PAPER A - 2007

The anterior end of the frame 17 also is provided with a relatively deep end recess

27 defined on one side by a forwardly extending arm 28 which like the arm 25,

constitutes a contour continuation of the inner arch curvature of the frame body.

The free end portion of this arm also is substantially free. A forward extending

portion 29 constituting the other side of the anterior recess 27 is substantially shorter

than the related arm 28, this being effected by the sharp converging end or body

edge 31.

The longitudinal edge of the frame 17 underlying the outer longitudinal arch of the

foot is suitably provided with an integral upstanding flange 32 which is substantially

coextensive with said body edge and the complemental edge of the posterior arm

26. Upon referring to Fig. 4, it will be noted that, when no pressure is applied to the

frame 21 downwardly, the flange 32 lies in a plane angularly disposed outwardly of

the vertical.

In assembly, the frame 17 is seated upon the pad 16. Upon reference to Fig. 2, it

will be noted that the pad 18 has a contour outline corresponding substantially to the

outline of the frame 17 in that it is provided with an anterior recess 33 in substantial

alignment with the frame anterior recess 27. It should be observed, however, that

there is no posterior recess in the pad 16; consequently, a substantial portion of said

pad underlies the posterior recess 24 in the frame 17.

The pad and frame assembly is rested upon the bottom layer 15 of the foot cushion,

which layer has a portion extending forwardly of the anterior end of said assembly.

The cushion 18, previously referred to, and which is fabricated from suitable resilient

material such as foam rubber or the like, is placed upon the forwardly extending

portion of the lower layer 15, with its rearmost or small end portion located

substantially within the registering anterior recesses 17 and 33. After these

elements have been assembled in the relation discussed hereinabove, the top layer

USP ‘624

PAPER A - 2007

14 of the foot cushion is positioned thereover and secured to the lower layer 15 in

the manner hereinbefore described.

The foot cushion is positioned within the shoes, as shown in Fig. 1, with the

posterior portion located at the heel therof so as to locate the area of the pad 16

within the posterior recess 14 directly beneath the calcaneus indicated

diagrammatically at 34. The body portion 21 of the frame underlies the longitudinal

and transverse arches of the foot, therby providing adequate support for the

scaphoid 35 and the internal cuneiform 36. The resilient cushion 18 underlies the

phalanges, therby affording a resilient supporting surface for maintaining and

strengthening the metatarsal arch 37 of the foot. When pressure is applied

downwardly on the body portion, the free ends of the arms 25, 26 and 28 spread

slightly.

The frame 17 serves not only to afford a firm but resilient support for the various foot

arches, but it further provides means whereby the foot is firmly grasped when

pressure is applied downwardly on the frame, as while walking. Upon reference to

Fig. 4, it wil be observed that the upstanding flange 32 swings inwardly into

substantially the position illustrated in dotted lines at 38 when the body portion 21

of the frame is flexed in a downward direction. Such downward deflection of the

body portion 21 also results in slight upward flexing of the inner longitudinal arch-

supporting area 23. As a consequence, the foot is snugly embraced within the area

defined by the inward flexing flange 32 and the upward flexing portion 23. Such

gripping of the foot prevents undue spreading therof and, because the flesh is firmly

held, the various muscles and bones of the foot structure are prevented from

transverse displacement.

Although applicant has disclosed a specific structure and assembly of the improved

foot cushion in the accompanying drawing and explained that structure in detail in

USP ‘624

PAPER A - 2007

the foregoing specification, it should be understood that details in the construction

may be varied without departingfrom the spirit of the invention.

CLAIMS OMITTED

USP ‘161

PAPER A - 2007


September 18, 1934 Riley

USP ‘161

PAPER A - 2007


September 18, 1934 Riley

Arch Supporter

My present invention relates to arch supports, and more particularly to a novel and

improved removable supporter for use in boots and shoes.

An important object of the present invention resides in the provision of an arch

supporter, preferably of flexible cushioning material, which will combine the functions

of forming a support both for the metatareal arch and for the longitudinal arch of the

foot, and in addition thereto will constitute a support for the phalanges of the second,

third and fourth digits, as well as constituting a support for the sesamoid bones at

the first joint of the hallux. This is particularly desirable when constructing a

supporter for high heeled shoes. In such high heeled shoes, the weight of the

wearer, being raised at the heel, is pressed downwardly almost directly on the

phalanges and sesamoid, and unless a suitable supporter is provided to overcome

this difficulty, serious results are liable to follow.

Another object of this invention resides in so forming the forward portion of the arch

supporter as to allow full freedom of the hallux and the hallux socket joint, as well

as allowing full freedom for the outer ball of the foot.

A still further feature of this invention consists in the fact that the supporter, and

particularly the forward portion thereof, is so formed and shaped as to allow the

entrance of the foot into a shoe of the same size as the user is accustomed to wear.

This enables my novel arch supporter to be utilized in shoes which the user has, not

USP ‘161

PAPER A - 2007

necessitating the purchase of new shoes, or shoes of a larger size than that to

which the user is accustomed.

While I preferably construct this supporter of cushioning material such as soft

rubber, it will be appreciated that I may make the same of other materials, such as

leather if desired, or any suitable combinations thereof.

My novel supporter, therefor, combines several advantageous features, all in a

readily removable and replaceable supporter.

Said supporter is economical and simple to manufacture, particularly when made

of soft rubber, as the same may be molded in a single operation to finished,

completed form. It may be found desirable to coat the foot contacting surface of

said supporter with leather for comfort and wearability.

The above and other objects of the invention, details of construction, and

advantages, will be hereinafter more fully pointed out and described.

Referring to the drawing illustrating a preferred embodiment of the present invention,

Fig. 1 is a longitudinal sectional view of my novel supporter in a shoe, the shoe

being illustrated only in outline;

Fig. 2 is a perspective view of thecomplete supporter;

Fig. 3 is a cross-sectional view on theline 3-3 of Fig. 1;

Fig. 4 is a cross-sectional view on the line 4-4 of Fig. 1; and

Fig. 5 is a cross-sectional view on the line 5-5 of Fig. 1.

Referring now to the drawing, for a particular description of the invention, its

construction and use, 10 designates generally my novel supporter, preferably

composed of a soft rubber body 11 and a leather foot contacting layer12. The

USP ‘161

PAPER A - 2007

supporter is provided with a thickened, upwardly projecting portion 13 located, when

the foot of the wearer is in the shoe 14, under the longitudinal arch of the foot, as

well as extending sufficiently far forward to be located under the second, third and

fourth metatarsal bones, here designated generally at 15. At the inside edge of the

supporter is provided an upwardly flaring extension 16,of less length but of greater

height than the outside projection or extension 17. This inside extension 16

constitutes means to support the inner longitudinal arch of the foot, as well as

means to correctly position the foot within the shoe 14, regardless of the original

contour of the normal foot supporting surface of the shoe in which the supporter is

utilized, said lateral extension 16 being of predetermined thickness to effect the

desirable results above stated.

The extension 16 projects forwardly a sufficient distance to underlie and constitute

a support for the adjacent portion of the foot and thus allow freedom and natural

movement for the hallux. The opposite lateral extension 17 constitutes a support

for the outer edge of the foot opposite the inner longitudinal arch, and still further

cooperates to correctly position the foot of the wearer within the shoe 14, and to

distribute the weight of the wearer upon the foot in a normal and natural manner.

Projecting forwardly from the main portion of the supporter is a supporting section

1 positioned under the phalanges of the second, third and fourth digits, and

preventing flattening, compressing or other trouble at this important point of the foot.

This feature is of particular advantage in high heeled shoes, where the weight of the

wearer is forced or pressed downwardly on these phalanges, as clearly illustrated

in Fig. 1, said phalanges being generally designated at 19.

The supporter is cut away as illustrated at 20, to permit normal seating of the heel

of the wearer in the heel seat of the shoe, as, in shoes of this nature, the major

portion of the foot of the wearer is thrown upon the forward portion of the foot and

USP ‘161

PAPER A - 2007

hence, it is the said forward portion of the foot to which particular attention must be

directed in order to prevent or overcome troubles or difficulties caused by the

wearing of such high heeled shoes.

From the foregoing, and from the drawing of this application, it will be instantly

apparent to those skilled in this art that my novel supporter provides complete

support for those portions of the foot where support is needed or required, and it will

also be instantly apparent to and understood by those skilled in this art that the

dimensions of my novel supporter may be varied to take care of individual

requirements or needs, while still adhering to the princples of the invention.

My novel supporter will not interfere with the entrance or withdrawal of the foot of the

wearer into or from the shoe, and said supporter, while perfoming the full orthopedic

fuctions intended therefor, is nevertheless comfortable without detracting from its

beneficial purposes.

CLAIMS OMITTED

PATENT AGENT EXAMINATION PAPER A 2007...PATENT AGENT EXAMINATION PAPER A 2007 Dear Candidate, Paper...

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