PATENT AGENT EXAMINATION INSTRUCTIONS TO CANDIDATES

Transcription

1 Page 1 of 46 PATENT AGENT EXAMINATION INSTRUCTIONS TO CANDIDATES 1. The only aids permitted are the copies of the Patent Act and Patent Rules provided by CIPO and an unmarked English, French or bilingual (English/French) dictionary. 2. Cell phones, smart phones, and any device that allows for wireless communication or the retrieval of information from memory may not be used during the examination. 3. You must place your assigned number on each examination paper, answer book and envelope. No other identification is permitted on any material submitted. 4. You have four (4) hours to complete the examination. At the conclusion of the examination period, place the examination paper and answer book(s) in the envelope and give the sealed envelope to the invigilator. 5. Failure to respect instructions 1, 2, 3 or 4 may result in a candidate being given a mark of zero (0). 6. You must provide your own pen with which to write the paper. 7. For each question, marks will be provided for an answer (or a part of an answer) that: clearly identifies the question being answered, BY NUMBER; is written LEGIBLY, IN INK, double-spaced in THE ANSWER BOOK; and is provided on the right-hand pages of the book ONLY. Marks will NOT be given for: anything written on a left-hand page of the answer book or on the examination itself; and anything that cannot be deciphered with a reasonable degree of certainty. 8. Salutations, signatures and other formalities of correspondence are not required in your answers; substance is important. Read each question carefully and ensure that your answer responds to the question posed. Answers given in point form are acceptable except where the question specifically asks you to draft or write your answer. 9. The marks referred to throughout the paper have been provided to show the relative weight attributed to each question. Marks are awarded for analytical and problem solving skills, communication skills, drafting skills, prioritizing and judgment skills in addition to knowledge demonstrated in your answers. 10. There are 100 marks available in this paper. The pass mark is 50.

2 Page 2 of 46 PATENT AGENT EXAMINATION PAPER D PATENT INFRINGEMENT Friday, April 11, 2014, 9:00 am to 1:00 pm This examination comprises Part A (opinion) and Part B (short questions). Part A comprises Questions A1 to A6 and also includes documents D1, D2, and D3. Part B comprises Questions B1 to B10. Instructions Provide the best answer to the following questions. Unless expressly indicated otherwise, every answer must include a discussion and/or reasoning appropriate to the mark allocation. Do not provide irrelevant or extraneous commentary. Answer only what is asked and do not assume any facts that are not expressly stated. Do not import your own knowledge of the technology into your answer. Citations to legal authority (case law, statutory provisions, and/or regulatory provisions) are only required when explicitly requested and should be clear and precise. Your infringement analyses must address all elements of the claims on their own merits. Do not simply conclude that a claim is uninfringed by virtue of its dependency on an uninfringed claim. However, when a claim refers to a previous claim by number, you may incorporate your earlier analysis of the previous claim by reference rather than repeat your analysis. Any incorporation must be specific and relevant to the question at hand, and the location of the incorporated matter in the answer booklet(s) must be clearly and unambiguously identified.

3 Page 3 of 46 PART A TOTAL 80 MARKS Documents The following three documents are included in this examination: D1: Canadian Patent No. 2,XXX,672 issued to Berenice Dynastic Enterprises S.A.E. (the 672 Patent) D2: Description and drawings labelled Rapunzel Device D3: Description and drawings labelled Samson Device Documents D1 and D2 are referenced in the background below. Document D3 is referenced in Question A6. Two duplicate sets of 672 Patent claims are provided at the end of this paper for your use in presenting your answers in the answer booklet. Use of these duplicate claim sets is optional. Background Your client, Aphrodite Diversified Industries Inc. ( Aphrodite ), develops and manufactures personal care appliances, cosmetics, and various solutions for the defence industry. Aphrodite has competed with Rapunzel Consolidated Corp. ( Rapunzel ), its major competitor in all industries, for years. Recently, Rapunzel escalated matters by suing Aphrodite in several countries for infringement of Rapunzel s patented tower defence system. This morning, you receive the following from the president of Aphrodite: Sent: 11 April 2014, 8:58 am To: Patent Agent Candidate From: A. Donis <adonis@adii.com> Subject: URGENT PATENT MATTER Attachments: D1; D2 As you know, we have been monitoring Rapunzel s activities for several years. In

4 Page 4 of , Rapunzel started selling a depilator, a device that removes hair. Unlike a shaver, which cuts the hair, a depilator pulls the hair out from the follicle with a tweezing action. You may have seen the term epilator before epilator and epilation are used interchangeably with depilator and depilation, and all relate to the extraction of unwanted hair. Rapunzel s depilator is still on the market in Canada today. Although we have known about their device ever since they launched it, we never had any intention of selling a competing device. Our R&D and marketing resources are tied up elsewhere. However, I do not want to let Rapunzel go unchallenged in this market any longer. I just closed a deal last week to buy some patents on depilation technology from another company called Berenice. Berenice manufactured and sold depilators until recently in Europe; they never sold into Canada. They used to be a huge company, but they ve been in financial difficulties and have started selling off their patent portfolio. Berenice told me that their patents will cover Rapunzel s device. I hope it s true, because I paid a premium for them. I want to assert them against Rapunzel wherever I can. I have a copy of Berenice s Canadian patent [D1], and my team has provided a description of the Rapunzel Device [D2]. I have attached both to this . Berenice also told me that they put Rapunzel on notice of this patent when it issued, but Rapunzel has not stopped selling its depilator. I want to make a decision quickly as to how to proceed. I will call you in about four hours. Thanks. The has two attachments, D1 and D2.

5 Page 5 of 46 Question A1 (9 marks total) (a) (b) (c) Identify four factors used to determine whether the elements of a claimed invention are essential or non-essential. Only the first four factors identified in your answer will be marked. Cite legal authority. (2 marks) What is the test for patent infringement? Cite legal authority. (1 mark) Assuming that the 672 Patent is valid and infringed: (i) (ii) Identify two remedies most likely available to Aphrodite as supported by the facts presented in the background and/or provided documents. Cite the legal authority giving rise to each remedy. (2 marks) For each remedy identified in (i), briefly explain how entitlement to (if equitable/discretionary) or quantum of (if compensatory) the remedy would be determined in view of the presented facts. Cite legal authorities. (4 marks) Question A2 (26.5 marks total) Construe the following terms as they are used in the claims of the 672 Patent. A simple mapping of terms to components in the 672 Patent is not sufficient. Your construction must include identification and analysis of purpose or function, as well as any essential features represented by these terms, supported by appropriate citations to the 672 Patent. You may consider additional claim wording to provide a complete construction of a given term or phrase. If you do so, you must identify the specific additional claim wording and explain how it formed part of the analysis. Identical terms and their plurals are expected to have the same meaning in each claim in which they are explicitly recited. (a) disc assembly or disc assemblies, as recited in claims 1, 2, 3, 6 (4.5 marks) (b) flattened peripheral portion or flattened peripheral portions, as recited in claims 1, 3, 4, 6 (1 mark)

6 Page 6 of 46 (c) (d) (e) a plurality of sides defining tilting axes corresponding to the plurality of radial arms, as recited in claim 1 (3 marks) axial bore, as recited in claims 1, 4 (1 mark) a plurality of lobes defining at least part of a circumference of the disc assembly, as recited in claim 1 (2.5 marks) (f) interior walls extending from each adjacent side of the base, as recited in claim 1 (1 mark) (g) (h) (i) complementary radial arms, as recited in claims 1, 4, 6 (1 mark) into contact to form a trap for hair, as recited in claims 1, 4 (1 mark) pressure-transferring projections, as recited in claims 2, 5, 6 (1 mark) (j) positioned proximate to the circumference of the disc assembly, as recited in claim 2 (2 marks) (k) (l) (m) at least one rotation-transferring engagement means on the first face and at least one complementary rotation-transferring engagement means on the second face, as recited in claim 2 (2 marks) the complementary pinching plates being tiltable about tilting axes defined on the base, as recited in claim 4 (2 marks) complementary engagement means for imparting to, or receiving rotational motion from, the neighbouring hair trapping assemblies, as recited in claim 5 (1 mark) (n) rotatably mounted in staggered relation to one another on a shaft, as recited in claim 6 (2.5 marks) (o) biasing means, as recited in claims 6, 7 (1 mark)

7 Page 7 of 46 Question A3 (13.5 marks total) Determine whether claim 1 (7.5 marks) and claim 4 (6 marks) are infringed by the manufacture or sale of the Rapunzel Device in Canada [D2], regardless of which party may be carrying out the infringing acts. No further exposition on claim construction needs to be provided, although your analysis must clearly show how each element is or is not present. Question A4 (13 marks) In light of your answers to Question A3, determine whether claim 6 is infringed by the manufacture or sale of the Rapunzel Device in Canada [D2], regardless of which party may be carrying out the infringing acts. No further exposition on claim construction needs to be provided, although your analysis must clearly show how each element is or is not present. Question A5 (9 marks) Rapunzel has the pinching wheels (j) and the central components (p) described in D2 manufactured by a contractor in Manitoba. The Manitoba contractor is an independent company under contract to Rapunzel to manufacture various products according to Rapunzel s specifications. About 80% of the Manitoba contractor s production of pinching wheels and central components is shipped overseas for assembly in Rapunzel Devices by an overseas contractor, for sale by Rapunzel outside Canada. The Manitoba contractor puts the remaining 20% of the pinching wheels and central components together on shafts, and uses these to assemble Rapunzel Devices in its own factory. The Rapunzel Devices made by the Manitoba contractor are sold by Rapunzel in Canada.

8 Page 8 of 46 Assuming that claims 1, 4, and 6 are infringed, identify which of Rapunzel, the overseas contractor, and the Manitoba contractor would be potentially liable for infringement of claims 1, 4, and 6, and why. Question A6 (9 marks total) Rapunzel has now begun manufacturing parts in Ontario to ship to a Mexican company, Samson S.A., for use in Samson s depilation device, which is sold only in Mexico and the United States. The Samson Device is described in D3. Rapunzel is manufacturing the components of the hair trapping assemblies (i'), and assembling them on drive shafts (e'). Determine whether claim 4 (6 marks) and claim 5 (3 marks) are infringed by Rapunzel s activities in Canada in respect of the Samson Device. No further exposition on claim construction needs to be provided, although your analysis must clearly show how an element is or is not present. END OF QUESTIONS IN PART A

9 Page 9 of 46 PART B TOTAL 20 MARKS Question B1 (2 marks total) A Canadian patent was filed on September 30, All correct maintenance fees have been paid. What is the last day of the patent term, assuming: (a) (b) the patent issued July 12, 1999? (1 mark) the patent issued July 12, 1991? (1 mark) Question B2 (2 marks total) Your client s competitor is infringing your client s patent. The patent was filed September 20, 1990, claimed priority from a U.S. application filed September 30, 1989, and issued January 1, (a) (b) Assuming that the infringement is occurring only in Ontario and your client starts a court action for infringement on April 15, 2014, for what period of time is the competitor potentially liable for infringing acts? State the start and end dates. (1 mark) Cite legal authority for each of the start and end dates. (1 mark) Question B3 (2 marks total) (a) (b) What are the deadlines for filing a patent list in respect of a new drug submission (NDS) in Canada? (1 mark) List one thing that a patent must contain in order for it to be eligible to be added to the patent register in respect of an NDS. (1 mark)

10 Page 10 of 46 Question B4 (2 marks) Your client owns a pending patent application with the following claim 1: 1. A method for calculating a position of a vehicle having wireless communication capabilities, the method comprising: (a) initiating by a driver of said vehicle a communication signal from the vehicle to a base station; (b) determining a location of said base station; and, (c) calculating an originating location of the vehicle based on upon the determined location of the base station. Your client has heard that HJK Motor Company offers roadside assistance to purchasers of its vehicles. According to the vehicle instruction manuals that HJK gives to its purchasers, when the driver places a wireless call to HJK for assistance using the vehicle s wireless communications system, HJK uses data provided by third parties to ascertain the location of a base station that receives the call and relays it to HJK. HJK then uses the base station location and map data to determine the vehicle position. Your client wants to accelerate examination and get a patent issued so that it can sue HJK for infringement. Propose an amendment to pending claim 1 that would potentially make HJK liable for direct infringement, or explain why HJK is already potentially liable for direct infringement. Question B5 (2 marks total) ABC Co. owns a Canadian patent claiming Chemical X for use as a fire extinguishing agent. DEF Co. owns a number of assets in Canada and has to quickly liquidate them. PQR Co., a Canadian company, seizes this opportunity to purchase DEF Co. s assets. After the purchase, PQR Co. discovers that the assets include a small inventory of fire extinguishers containing Chemical X, manufactured without ABC Co. s permission. (a) PQR Co. decides to distribute the fire extinguishers throughout its offices in Atlantic Canada, for use in the event of a fire. Has PQR Co. infringed the patent? Why or why not? Cite legal authority. (1 mark)

11 Page 11 of 46 (b) Does your answer to (a) change if PQR Co. does not distribute the fire extinguishers throughout its offices, but instead sells the fire extinguishers to a Taiwanese company for use in Taiwan? Why or why not? Cite legal authority. (1 mark) Question B6 (2 marks total) (a) (b) Identify the general conditions under which punitive damages may be awarded for patent infringement. (1 mark) Identify the specific behavior by the infringer that led to an award of punitive damages in Bell Helicopter Textron Canada Limitée v. Eurocopter, 2013 FCA 219. (1 mark) Question B7 (2 marks) Define contributory infringement. Explain whether a patentee can rely on contributory infringement in a patent infringement action in Canada. Cite legal authority. The following fact pattern applies to both Questions B8 and B9. Your client Super Sports is a ski repair and rental shop. A ski manufacturer, Outdoor Athletics, has developed and patented a new quick-release binding system for downhill skis. One component of the patented binding system is a general purpose fastener manufactured by Fasten Co. that is not covered by the claims of any patent. Your client wants to repair the patented binding system on its customers skis. In order to be sure that it could provide such repair services, Super Sports manufactured three copies of Outdoor Athletics patented binding system so that its employees could practice assembling the binding system in order to provide the planned repair services. Question B8 (2 marks) Does Super Sports have a defence to an allegation of patent infringement for building the three copies of the binding system? Cite statutory and case law authority, and provide a brief explanation.

12 Page 12 of 46 Question B9 (2 marks total) (a) (b) Under what circumstance would Super Sports repair of the binding system not constitute infringement? Cite legal authority. (1 mark) Fasten Co. becomes aware that its general purpose fastener is being used by Super Sports to replace worn fasteners when repairing Outdoor Athletics patented binding systems. Assuming that Super Sport s repair of the binding system infringes the patent, is Fasten Co. liable for patent infringement for continuing to sell its fasteners to Super Sports? Briefly explain your reasoning and cite legal authority. (1 mark) Question B10 (2 marks total) Your client New Drugs Inc. owns a Canadian patent covering a method of producing a new antiflu drug called flubegone. ICY Pharma manufactures flubegone in India, although your client does not know what process ICY Pharma uses to manufacture the drug. (a) (b) Your client would like to bring a patent infringement action against ICY Pharma, but is concerned that it will not be able to prove that ICY Pharma infringes the patented method. What provision of the Patent Act may make it easier for your client to succeed on this point, and how? (1 mark) The Ontario government has informed your client that it considers the availability of flubegone to be important for public health and safety, and that it may take steps to have the drug manufactured by a third party without your client s permission if your client cannot guarantee that it will be able to supply a specified amount of the drug. Your client is outraged. Can the Ontario government do this, yes or no? Briefly explain why or why not and cite legal authority. (1 mark) END OF QUESTIONS IN PART B

13 D1: 672 Patent Page 13 of 46 CA 2XXX672 C 2013/01/08 (11)(21) 2 XXX 672 (12) BREVET CANADIEN CANADIAN PATENT (13) C (22) Date de dépôt/filing Date: 2006/06/26 (41) Mise à la disp. pub./open to Public Insp.: 2007/01/31 (45) Date de deliverance/issue Date: 2013/01/08 (30) Priorité/Priority: 2005/07/28 (US60/XXX,123) (72) Inventeurs/Inventors: LAGIDES, Arsinoë, MK LAGIDES, Bérénice, EG (73) Propriétaires/Owners: BERENICE DYNASTIC ENTERPRISES S.A., LU [REMAINDER OF COVER PAGE, ABSTRACT, AND SUMMARY OMITTED] 1 DEPILATION DEVICE Technical Field [0001] The present disclosure relates to a depilation or hair removal device that pinches and extracts hair from its roots Technical Background [0002] Hair removal or depilation devices, as opposed to shavers or cutters, extract hair from its follicles instead of cutting the hair down at the skin surface. Hair removal by mechanical depilation often involves an action akin to tweezing. To provide this tweezing action, many depilation devices employ a disc mechanism in which a set of discs rotates on a curved shaft. The shaft curvature causes the disc edges to tilt together on the concave side of the shaft, thus forming traps for hair. FIG. 1 illustrates part of a prior art depilation device 1. Metal discs 4 are mounted on an arcuate shaft 2. The arcuate shape brings the edges of the metal discs 4 in contact with each other. It should be understood that throughout this entire disclosure, contact is not limited to the state where edges are touching; it is sufficient that they are in close enough proximity so that a typical, fine human hair can be pinched and thereby trapped between them, but preferably the edges are not pressed so tightly together that they cut the hair. Spacers 6

14 D1: 672 Patent Page 14 of between the discs 4 assist in maintaining ideal spacing. The discs 4 are rotated around the shaft 2 while the depilation device is dragged across the skin surface so that hair enters the spaces between adjacent discs 4. The hair is then trapped between the discs 4 at their contact point. As the discs 4 rotate, a small torque is applied to the trapped hair, causing it to be pulled away from the skin surface. The hair is subsequently released by the discs 4 as they continue to rotate. [0003] These disc mechanisms suffer from a number of drawbacks. For example, because the discs are circular in shape, the point of contact between adjacent discs is very nearly a single point on the disc edge, so even slight misalignment of adjacent discs can adversely affect their trapping ability. In addition, the close proximity of the discs near the depilation surface makes it difficult for hairs to enter between the discs Brief Description of the Drawings [0004] In drawings which illustrate by way of example only embodiments of the present disclosure, in which like reference numerals describe similar but not necessarily identical items throughout the various figures, [0005] FIG. 1 is a side view of a prior art depilation assembly. [0006] FIG. 2 is a perspective view of a depilation device. [0007] FIG. 3A is a perspective view of a depilation and drive assembly of the depilation device of FIG. 2. [0008] FIG. 3B is an exploded view of the depilation assembly and drive assembly of FIG. 3A. [0009] FIG. 4 is an exploded view of a single disc assembly. [0010] FIGS. 5A and 5B are side-top and side-bottom views, respectively, of the disc assembly of FIG. 4. [0011] FIG. 6A is an exploded view of a stack of disc assemblies of FIGS. 4, 5A, and 5B. [0012] FIG. 6B is a perspective view of the stack of disc assemblies of FIG. 6A as they would be mounted in a depilation assembly.

15 D1: 672 Patent Page 15 of [0013] It should be noted that in the accompanying drawings, not every similar or identical component within a single drawing is labelled with a reference number where the inclusion of repetitive reference numbers would obscure the drawing Detailed Description of the Invention [0014] The embodiments described herein address one or more of the drawbacks of the prior art mentioned above. [0015] FIG. 2 depicts an example of a depilation or hair removal device 10 including a housing 12, which is shaped to provide a comfortable grip for a user. The housing 12 has a depilation opening 14, which is a rectangular or curvilinear aperture through which a depilation assembly 100 is exposed. The housing 12 may be constructed using any suitable material known to those skilled in the art, and is not limited to the configuration shown in FIG. 2. [0016] The depilation assembly 100 is shown in FIG. 3A together with a drive assembly 200 connected thereto. The depilation assembly 100 includes a stack of hair trapping assemblies, here referred to as disc assemblies 300. In this case, the depilation assembly 100 has a stack of eight disc assemblies 300 that are assembled on a shaft 120. The number of disc assemblies is not intended to be limiting. The disc assemblies 300 rotate around the shaft 120. Each disc assembly 300 is rotationally offset from its neighboring disc assemblies 300, as will be explained below. A pressure disc 140 engages the outermost disc assembly 300 at either end of the stack of disc assemblies 300. A gear 130 engages an outer face of one of the pressure discs 140; the outer face of the remaining pressure disc engages an end bearing 150. The pressure discs 140 and gear 130 are rotatably mounted on the drive shaft 120, and rotate in unison with the stack of disc assemblies 300. The end bearing 150 is stationary. [0017] The disc assemblies 300, gear 130, pressure discs 140, and end bearing 150 are retained on the shaft 120 by a frame or brace 110 mounted within the housing 12. The drive assembly 200 includes a motor 210 providing rotational motion, and a gear assembly 220 that transmits rotational motion to the gear 130. [0018] FIG. 3B is an exploded view of the depilation assembly 100 and drive assembly 200 of FIG. 3A, although only a single disc assembly 300 is shown. The shaft 120 has a central arcuate

16 D1: 672 Patent Page 16 of portion 122. The stack of disc assemblies 300 and pressure discs 140 are rotatably mounted on this arcuate portion 122, which biases the pressure discs 140 and disc assemblies 300 to tilt towards each other. The shaft 120 is positioned so that the portions of the disc assemblies 300 and pressure discs 140 tilting towards each other protrude through the depilation opening 14. [0019] Rotational motion of the gear 130 is transferred to the leftmost pressure disc 140 by projections 142 on the pressure disc 140 that engage with the gear 130. The rightmost pressure disc 140 is provided with some engagement means (not visible in the drawings) that ride in the end bearing 150. The interior faces of the pressure discs 140 engage with their neighbouring disc assemblies 300, so that rotational motion induced in the leftmost pressure disc 140 is transferred to the stack of disc assemblies 300, and from the stack of disc assemblies 300 to the rightmost pressure disc 140. In this embodiment, the rightmost pressure disc 140 has recesses 146 that engage complementary rotation-transferring projections on a neighbouring disc assembly 300 (not visible in FIG. 3B). The leftmost pressure disc 140 has rotation-transferring projections (again, not visible in FIG. 3B) that engage with complementary recesses on a neighbouring disc assembly 300. The precise configuration of these projections and engagement means on the pressure discs 140 can have any suitable configuration as may be determined by the person skilled in the art. [0020] Both pressure discs 140 have pressure-transferring projections 144 on their interior faces, which are positioned to engage the adjacent pinching arms of their neighbouring disc assemblies 300. The pressure discs 140 may also have optional projecting spacers 148, which maintain a minimum spacing between the pressure disc 140 and a neighbouring component to discourage build-up of debris during operation of the depilation device 10. [0021] A single disc assembly 300 is illustrated in exploded view in FIG. 4. Each disc assembly 300 includes a pair of complementary pinching plates 310a, 310b, which are mounted on opposing axial faces A and B of a central body 320. The central body 320 is preferably manufactured of a rigid plastic while the pinching plates 310a, 310b can be metal. [0022] Each pinching plate 310a, 310b has a set of radial pinching arms 314a, 314b, which extend from a central portion 312a, 312b. In this embodiment, there are two radial arms 314a,

17 D1: 672 Patent Page 17 of b on each pinching plate. In other embodiments, there may be more than two radial arms. A central aperture 313a, 313b extends through the pinching plate 310a, 310b. [0023] The end of each radial arm 314a, 314b terminates in a flattened peripheral portion 316a, 316b. The flattened peripheral portion 316a, 316b is substantially straight. An angled guide 318a, 318b extends from at least one side of the radial arm 314a, 314b. The profile of the angled guide 318a, 318b is slightly curved, but forms a smooth outer periphery with the flattened peripheral portion 316a, 316b. These angled guides 318a, 318b are bent away from the central body 320. [0024] The central body 320 has a base 330 and enlarged portions 340, 350. The function of the base 330 is to provide bearing surfaces for the pinching plates 310a, 310b, and to define tilting axes for the pinching plates 310a, 310b so that they can tilt towards each other. The base 330 comprises a surface 332 on each axial face A and B of the body (the surface on face B is obscured in FIG. 4). A centrally-located cylindrical hub 336 protrudes from each surface 332 of the base 330. An axial bore 338 extends through the hub 336 for rotatably mounting the central body 320 on the shaft 120 of the depilation device 10. The apertures 313a, 313b of the pinching plates 310a, 310b fit over the hub 336 on either face A and B. The fit of hub 336 within the apertures 313a, 313b is not a tight fit, but provides sufficient clearance so that the pinching plates 310a, 310b can tilt from side to side, as will be explained below. [0025] The base 330 terminates at a plurality of outwardly-facing sides 334, which define a perimeter of the base 330. In this embodiment, the edges where the sides 334 and the surfaces 332 of the base 330 meet define tilting axes a 1, a 2 on the first face A, and tilting axes b 1, b 2 on the second face B. Tilting axis b 2 is not visible in FIG. 4, but is shown as a dashed line in FIG. 5A. [0026] The enlarged portions 340, 350 extend laterally from the base 330. In this embodiment, the enlarged portions 340, 350 are aptly described as lobes 340, 350, since they have a curved perimeter, being shaped like circular segments. These lobes 340, 350 define a substantial part of the exterior perimeter of the entire disc assembly 300, and thus provide the disc assembly 300 with its discoid shape. The lobes 340, 350 are thicker than the base 330, with the exception of the hub 336. The hub 336 and the lobes 340, 350 both project axially beyond the base surface 332 by about the same amount on both faces A and B.

18 D1: 672 Patent Page 18 of [0027] Each lobe 340, 350 has a pair of flat interior walls 364, which extend adjacent and perpendicular to the outwardly-facing sides 334 (and tilting axes a 1, a 2, b 1, and b 2 ). The interior walls 364 of the first lobe 340 are substantially parallel to and face the interior walls 364 of the second lobe 350. Together, each opposing pair of interior walls 364 defines an open channel for receiving complementary radial arms 314a, 314b from each pinching plate 310a, 310b. The interior walls 364 keep the radial arms in alignment with each other, and transfer the rotational motion of the central body 320 to the pinching plates 310a, 310b. Each lobe 340, 350 has a cutaway face 366 to accommodate the angled guides 318a, 318b of each pinching plate 310a, 310b. [0028] FIGS. 5A and 5B illustrate the disc assembly 300 with the pinching plates 310a, 310b mounted on the central body 320. In FIG. 5A, the disc assembly 300 is shown in the same orientation as FIG. 4, with face A topmost; in FIG. 5B, the disc assembly 300 is flipped over so that face B is topmost. When assembled, the two radial arms 314a, 314b of each pinching plate 310a, 310b fit between the lobes 340, 350 and extend beyond the sides 334 of the base 330. Complementary pairs of radial arms 314a, 314b (one from each pinching plate) rest in the open channels defined by the opposing pairs of interior walls 364. The complete disc assembly 300 has a substantially discoid form, with a substantially circular perimeter (i.e., circumference) defined by the exterior perimeter of the lobes 340, 350, the flattened peripheral portions 316a, 316b, and the angled guides 318a, 318b. FIG. 5B illustrates that the angled guides 318a, 318b of complementary radial arms 314a, 314b define a funnel-like passage that guides hairs on the skin surface towards the flattened peripheral portions 316a, 316b. [0029] As shown in both FIGS. 5A and 5B, the central body 320 includes pressure-transferring projections 372 on both faces A and B, which are used to apply pressure on the adjacent radial arms 314a, 314b of a neighbouring disc assembly 300. The pressure-transferring projections 372 are therefore spaced on each lobe 340, 350 to correspond to the positions of the radial arms on a neighbouring disc assembly 300 when assembled in a stack as in FIG. 3A. In this embodiment, the pressure-transferring protrusions 372 are positioned near the perimeter of the lobes 340, 350 so that they can press on the radial arms 314a, 314b of a neighbouring disc assembly 300 at a point near their flattened peripheral portions 316a, 316b. Specifically, the pressure-transferring protrusions 372 are positioned so that they will apply pressure on the radial arm 314a, 314b at a

19 D1: 672 Patent Page 19 of pressure point in the region adjacent to the angled guide 318a, 318b. The large arrows in FIG. 5A illustrate where pressure is applied. If the pressure point is located closer to the axial center of the disc assembly, for example in that region between the angled guide 318a, 318b and the central portion 312a, 312b, the pressure is more likely to cause the radial arm 314a, 314b to bend and cause elastic deformation in the radial arm. [0030] The central body 320 also includes complementary rotation-transferring elements on the first and second faces A and B. As shown in FIGS. 5A and 5B, these complementary rotationtransferring elements can take the form of cooperating projections 374 and recesses 376 on the faces A and B, respectively. When two disc assemblies 300 are mounted side by side in a stack, the projections 374 on the first disc assembly 300 will engage the recesses 376 on the second disc assembly 300, thus enabling transfer of rotational motion between the disc assemblies. These projections 374 and recesses 376 also maintain the disc assemblies 300 in their relative orientations so that the pressure-transferring projections 372 on the first disc assembly 300 stay aligned with the radial arms 314a, 314b of the second disc assembly 300. These complementary rotation-transferring projections and recesses can take any suitable form and position on the body 320, provided they are able to transmit rotational motion from one disc assembly 300 to another, and provided they maintain neighbouring disc assemblies 300 in alignment with one another. [0031] As can also be seen in FIG. 5B, abutting the rotation-receiving recesses 376 are spacer elements 378, which maintain a defined spacing between neighbouring disc assemblies 300 to discourage the build-up of debris during operation. [0032] Turning back to FIG. 5A, the tilting axes a 1, a 2, b 1, and b 2 are illustrated by dashed lines. Complementary pinching plates 310a, 310b can tilt around tilting axes, thereby causing radial arms 314a, 314b to come into contact with each other at their respective flattened peripheral portions 316a, 316b. In FIG. 5A, two radial arms 314a, 314b are tilting around axes a 1 and b 1, and their respective flattened peripheral portions 316a, 316b are in close proximity, although not yet touching. Those skilled in the art will appreciate that the position of the tilting axes with respect to the hub 336 can be shifted, so long as the complementary radial arms 314a, 314b can be brought together to form hair traps and the opposing interior walls 364 are able to constrain motion of the radial arms 314a, 314b.

20 D1: 672 Patent Page 20 of [0033] FIGS. 6A and 6B illustrate a central disc assembly 300 flanked by neighbouring identical disc assemblies 300' and 300'' as they might be arranged on the shaft 120. As can be seen most clearly in FIG. 6A, which shows the three disc assemblies in an exploded form, the disc assemblies 300, 300', and 300'' are arranged so that their first axial faces A, A', and A'' are facing the same direction, so that the disc assemblies can engage each other with their complementary engagement means for transferring rotational motion. The disc assemblies 300, 300', and 300'' are also arranged in staggered rotational relation to each other, so that the pressure-transferring projections 372', 372'' on the faces of the disc assemblies 300' and 300'' adjacent the central disc assembly 300 are aligned with the radial arms 314a, 314b of the central disc assembly 300. It can be seen in FIG. 6A that the pressure-transferring projections 372 on the central disc assembly 300 are likewise aligned with adjacent radial arms of the flanking disc assemblies 300' and 300''. [0034] When mounted together on the shaft 120, the disc assemblies 300, 300', and 300'' will be in close proximity as shown in FIG. 6B. When the pressure-transferring projections 372', 372'' on disc assemblies 300' and 300'' rotate through the depilation opening 14 of the depilation device 10, the bias induced by the arcuate portion 122 of the shaft 120 (not shown in FIG. 6B) causes the pressure-transferring projections 372', 372'' to press on the radial arms 314a, 314b of the central disc assembly 300, as indicated by the arrows in FIG. 6B. The radial arms 314a, 314b therefore tilt around their respective tilting axes, and their respective flattened peripheral portions 316a, 316b contact each other and form a trap for hair, as illustrated in FIG. 6B. [0035] As the drive assembly 200 induces rotation in the stack of disc assemblies 300 around the shaft 120, multiple sets of aligned radial arms 314a, 314b and adjacent pressure-transferring projections 372 will rotate through the depilation opening 14. The bias induced by the arcuate portion 122 of the shaft 120 will therefore cause pressure-transferring projections 372 of some disc assemblies 300 to press upon the adjacent radial arms 314a, 314b of other disc assemblies 300, creating hair traps to form as described above. The pressure-transferring projections 144 on the pressure discs 140 apply pressure to the outermost sets of radial arms in the stack. [0036] The bias on the aligned radial arms and pressure-transferring projections abates as they rotate away from the depilation opening 14, and the radial arms tilt back to their original position. The same process repeats for all sets of aligned radial arms and pressure-transferring

21 D1: 672 Patent Page 21 of projections in the stack of disc assemblies 300 as they rotate in turn through the depilation opening 14. Thus, rotation of the stack of disc assemblies 300 causes a number of hair traps to open and close periodically as the stack rotates. [0037] It will be appreciated by those skilled in the art that the flattened peripheral portions 316a, 316b effectively create a wider trap for hair, compared to the prior art. The addition of the angled guides 318a, 318b assists in guiding hair on the skin surface towards the traps formed by the flattened peripheral portions. The pressure-transferring projections 372 provide sufficient force to close the hair traps. The placement of pressure-transferring projections 372 proximate to the perimeter of the disc assembly 300 reduces the incidence of elastic deformation. [0038] In the foregoing description, the pinching plates 310a, 310b were provided with only two radial arms 314a, 314b. This is not intended to be construed as limiting the invention to only two radial arms on each pinching plate. Three, four, or more radial arms may be used. In that case, the central body 320 would not be formed with only two lobes 340, 350 as in the illustrated embodiments, but with three, four, or more lobes as required. [0039] In addition, the enlarged portions of the central body 320, described herein as lobes 340, 350, need not be lobes at all, but may have a different shape. The discoid shape of the central body 320 enables the pressure-transferring projections 372 to be placed very close to the perimeter of the disc assembly, which is beneficial for minimizing the bending effect. However, if the bending effect is not a concern or is mitigated by other means (for example, by selecting a different material for the pinching plates 310a, 310b), then a different central body 320 (and consequently assembly 300) configuration may be used and the pressure-transferring projections 372 may be moved closer to the axial center of the body 320.

22 D1: 672 Patent Page 22 of Claims 1. A disc assembly for use in a depilation apparatus, the disc assembly comprising: a pair of complementary pinching plates, each pinching plate comprising a plurality of radial arms, each radial arm terminating at a flattened peripheral portion; and a central body having opposing first and second faces, the central body comprising: a base comprising: a plurality of sides defining tilting axes corresponding to the plurality of radial arms of each pinching plate; and a hub having an axial bore for rotatably mounting the disc assembly on a shaft, the hub projecting from the base on both the first and second faces; and a plurality of lobes defining at least part of a circumference of the disc assembly, each lobe comprising interior walls extending from each adjacent side of the base, each pinching plate being tiltably mounted on the hub on a corresponding one of the first and second faces of the central body such that complementary radial arms from each of the pinching plates are received between opposing interior walls of a pair of adjacent lobes, the radial arms of each pinching plate being tiltable about their corresponding tilting axes to bring corresponding flattened peripheral portions of the complementary radial arms into contact to form a trap for hair The disc assembly of claim 1, the central body further comprising, on the plurality of lobes, a plurality of pressure-transferring projections on each of the first and second faces positioned proximate to the circumference of the disc assembly to correspond to positions of radial arms of neighbouring disc assemblies; and

23 D1: 672 Patent Page 23 of at least one rotation-transferring engagement means on the first face and at least one complementary rotation-transferring engagement means on the second face The disc assembly of either claim 1 or 2, wherein the circumference of the disc assembly is defined at least in part by an exterior wall of each of the plurality of lobes and by the flattened peripheral portions of each radial arm, the circumference being substantially circular A hair trapping assembly, comprising: a pair of complementary pinching plates, each pinching plate comprising a plurality of radial arms, each radial arm terminating at a flattened peripheral portion, the pair of complementary pinching plates being tiltably mounted respectively on first and second axial faces of a base at a common axial center, each radial arm extending beyond a perimeter of the base, the common axial center comprising an axial bore for rotatably mounting the hair trapping assembly on a shaft, complementary radial arms from each of the pinching plates being received between a pair of opposing walls extending from the base, the opposing walls extending perpendicular to the perimeter of the base, the complementary pinching plates being tiltable about tilting axes defined on the base to bring corresponding flattened peripheral portions of the complementary radial arms into contact to form a trap for hair The hair trapping assembly of claim 4, wherein the base and the pairs of opposing walls form part of a body having first and second axial faces, the pairs of opposing walls being provided on enlarged portions of the body extending from the base, the body comprising, on each of the first and second axial faces: a plurality of pressure-transferring projections on each of the enlarged portions, spaced on the body to correspond to positions of radial arms of neighbouring hair trapping assemblies; and

24 D1: 672 Patent Page 24 of complementary engagement means for imparting to, or receiving rotational motion from, the neighbouring hair trapping assemblies A depilation device, comprising: a housing defining a depilation opening; a drive means providing rotational motion; and a depilation means coupled to the drive means by a gear means, the depilation means comprising: a plurality of either the disc assemblies of claim 2 or the hair trapping assemblies of claim 5 rotatably mounted in staggered relation to one another on a shaft such that pressure-transferring projections on each assembly are aligned with radial arms of neighbouring assemblies, the shaft being positioned such that the plurality of assemblies partially protrudes through the depilation opening; and biasing means inducing pressure-transferring projections on at least some of the assemblies to periodically bear on a corresponding radial arm of a neighbouring assembly as the plurality of assemblies rotates around the shaft, so as to cause complementary radial arms of at least some of the assemblies to periodically tilt towards each other, thus bringing their corresponding flattened peripheral portions into contact as the corresponding flattened peripheral portions pass through the depilation opening The depilation device of claim 6, wherein the biasing means comprises an arcuate portion of the shaft, the plurality of assemblies being rotatably mounted on the arcuate portion.

25 D1: 672 Patent Page 25 of 46

26 D1: 672 Patent Page 26 of

27 D1: 672 Patent Page 27 of a 316a 314a 312a 310a 313a 318a a 364 A 316a a a b 1 316b B b 310b 318b 313b 318b 312b 314b 316b

28 D1: 672 Patent Page 28 of 46

29 D1: 672 Patent Page 29 of 46

30 D2: Rapunzel Device Page 30 of To: Re: A. Donis, Aphrodite HQ Report on Rapunzel Device sold in Canada As requested, we purchased and inspected one of the Rapunzel hair removal devices currently on sale in Canada. We have prepared drawings (FIGS. 1-5) to illustrate it. As shown in the cross-sectional view of FIG. 1, the Rapunzel Device (A) has a rounded plastic housing (a) designed to fit in the hand. One end has an opening (b) through which a number of hair trapping assemblies (i) protrude. The housing (a) contains a motor (c) and a gear reduction assembly consisting of a number of gears (d). Nine hair trapping assemblies (i) are mounted on a curved shaft (e) with a circular cross-section. One hair trapping assembly (i) is engaged with the final gear of the gear reduction assembly, and rotates under influence of the final gear. Each hair trapping assembly (i), in turn, causes its neighbouring hair trapping assembly (i) to rotate around the shaft (e). Near either end of the shaft (e), between the shaft (e) and the opening (b), there is a biasing spring (f) that pushes on a thrust bearing (g), which in turn pushes on a push rod (h). The push rod (h) bears on the first and last hair trapping assemblies (i). We think that the biasing spring, thrust bearing, and push rods are required because the curvature in the shaft (e) by itself is not enough to ensure that the components of the hair trapping assemblies (i) will be biased enough towards each other at the depilation opening (b). FIG. 2 illustrates a single hair trapping assembly (i) in a perspective view. Each assembly (i) consists of three major parts: two identical pinching wheels (j) and one central component (p). The arrows show approximately where force from a neighbouring assembly (i) is applied. A plan view of a pinching wheel (j) is shown in FIG. 3. It is made of metal and has three pinching arms (k) that extend from a common center (n) having a central circular aperture (o). Each pinching arm (k) ends with a straight edge (l), and an angled flange (m) extends from either side. The exterior edges of the angled flanges (m) are slightly curved. All angled flanges (m) are bent to one side of the pinching wheel (j). When the pinching wheels (j) are mounted on the

31 D2: Rapunzel Device Page 31 of central component (p), the wheels (j) are oriented so that the angled flanges (m) point away from each other as can be seen in FIG. 2. FIG. 4 shows the central component (p), which is made of a fairly rigid plastic. Both axial faces are identical. The main body (q) provides a bearing surface for the pinching wheels (j). The main body (q) is of constant thickness, except for a cylindrical projection (v) in the center of the main body which protrudes from either side of the main body (q). There is a circular bore (w) in the center of the cylindrical projection (v) for mounting on the curved shaft (e). On the inside wall defining the circular bore (w) there are three curved wall segments (x) that partially line the bore (w). These curved wall segments (x) protrude beyond the cylindrical projection (v) and are sized and spaced around the bore (w) so that that they can interlock with the curved wall segments (x) of an adjacent hair trapping assembly (i). The main body (q) is triangular, so it has three sides. There are therefore six edges (r) total. These edges (r) act as tilting axes for the pinching arms (k). Each vertex of the main body (q) terminates in a shoulder (s), which is thicker than the main body (q). Each shoulder (s) has a pair of faces (t) that are perpendicular to the sides of the main body (q), and the faces (t) of adjacent shoulders (s) are parallel to each other. Each shoulder (s) terminates in a rounded protrusion (u) that extends even further on either face of the central component (p). FIG. 5 is a plan view of an assembled hair trapping assembly (i). You can see that the pinching arms (k) extend well beyond the outer periphery of the central component (p). We have marked three circumferences in FIG. 5 (C 1, C 2, and C 3 ), which represent the paths traced by the outermost points of the pinching arms (C 1 ), the innermost points of the angled flanges (C 2 ), and the outermost points of the central component (C 3 ). Although the components are not circular, the perimeters of both the pinching wheels (j) and the central component (p) fit neatly within a circular profile. Returning to FIG. 2, in a single hair trapping assembly (i), a pinching wheel (j) rides on either face of the central component (p). The circular aperture (o) fits loosely over the cylindrical projection (v) so that the pinching wheel (j) can rock back and forth. Each pinching arm (k) fits between the faces (t) of two adjacent shoulders (s). Nine of these hair trapping assemblies (i) are mounted on the shaft (e) so that their respective curved wall segments (x) interlock. Because of