Paper B 2015 (
English,
French,
German) tasked the candidates with a ski locating system for locating a ski after it is lost in an accident. My first impression is that this was not a very easy paper. Getting the claims right requires some careful slaloming to avoid the added subject matter problems.
Claim 1
The first reading of Claim 1 already shows a few problems. The characterizing portion added by the client further defines the actuator in a functional manner: "the actuator (4a) moves automatically
from the first to the second position upon separation
of the ski boot (3) from the ski (1 )". But, one wonders how technically this is to be done. Furthermore, the claim refers to "separation of the ski boot (3) from the ski (1 )" and that the ski is 'for use with' the ski boot. This seems to leave the relationship between ski and boot unclear.
Looking to the support for this claim, we find two embodiments for a ski, one with a two-piece ski binding and one with a one-piece binding. Only in the two-piece binding ski are the radio transmitter (5) and a switch comprised in the ski.We find that the switch moves automatically because of an elastic element. No other mechanism for moving the actuator is given, so the elastic element seems essential for the invention. The elastic element should thus have been included when amending the claim.
Should the fact that this ski has a two-piece binding be included in the claim? I think it should. With a one-piece binding the ski would not work, as the actuator is integrated with the ski.
The characterizing portion was based on D1. This documents seems to be the closest prior art. Only D1 shows a ski that allows to a skier to locate his ski when it is lost. The system of D2 tracks a ski by registering its passage past stationary radio transmitters. So unless you lost your ski close to such a transmitter it won't help to find your ski. D2 does not show a way for the user to recover his ski, and is also not suitable when the ski is lost under the snow. Therefore, for use in case of accident, the system of D1 seems much better.
Claim 2
The client has made two amendments to this claim.
First of all, 'further' has been added to distinguish the switch in Claim 2 from the switch in Claim 1. This seems a good amendment, and even has explicit support (section 9, line 24).
Second, the client has added that the further switch is arranged to deactivate the radio transmitter 'when the two-piece ski binding is manually opened'. However, this phrase is absent in the application. This amendment should be corrected. Section 9 gives a close alternative, a manually operable switch.
There is a problem with this amendment though, as the text indicates that this is only one possible embodiment ("The switch 10
may be a manually operable switch."). If we take the text for its word one could amend the claim functionally. For examples as follows: "Ski (1) according to claim 1, comprising a further switch (10) arranged to deactivate the radio transmitter (5),
when the ski is not in use."
However, the text gives only one specific example, which makes the support for this broader claim questionable. So we have opted for the more specific claim (see below).
Claim 3
As in Claim 1, the 'for use with' phrasing looks unclear. Following the logic for Claim 1, the preamble is amended by clarifying the relationship between ski binding, ski and ski-boot. The application shows only one embodiment in which a switch and transmitter are part of a binding, so the Claim is restricted to a one-piece binding.
The original claim 5 includes the phrase 'for use in a system for locating a ski'. One could wonder if it is allowed to remove this from the claim, as the client has done. However, the new claim is almost entirely made from parts of the text (only the word 'ski-binding' remains of the original claim.) As the relevant section does not have this phrase, and neither does the mirror claim 1, it seems okay to leave it out. So we follow the clients lead here.
Claim 4
The client has included a claim for a ski-binding with the further switch. However, the application only gives support for a ski with a further switch. The application gives no basis for moving the switch to the binding. Accordingly, this claim has no support. I don't see how to salvage it, so it is removed.
Claim 5
This claim depends from two different independent claims. Although unusual, this is allowed by the Guidelines (F-IV-3.4). So there is no need to split the claim. Moreover, the client does not want us to add dependent claims. The text copied from the application misses the part 'U-shaped'. There is no support for the more general 'bar'. Since we removed claim 4, we will have to correct the reference from claim 4 to claim 3. As we are now referring to the more general claim, we may as well add the same dependency for the ski version of the claim.
Below is our version of the claims:
CLAIMS:
1. Ski having a two-piece ski
binding (8) for attaching for use with a ski boot (3) to the ski (1), the ski
(1) comprising a radio transmitter (5) and a switch (4)
connected to the radio transmitter (5), the switch (4) comprising an actuator
(4a) being moveable between a first position in which the radio transmitter (5)
is inactive and a second position in which the radio transmitter (5) is active,
characterized in that the switch (4) comprises an elastic element for automatically
moving the actuator (4a) moves automatically from the first to the second
position upon separation of the ski boot (3) from the ski (1 ).
2. Ski (1) according to
claim 1, comprising a further switch (10) arranged to deactivate the radio transmitter
(5), when the two-piece ski binding is manually opened the further
switch (10) being a manually operable switch.
3. One-piece
Ski ski binding (8) for attaching use with a ski boot (3) to a ski, the ski binding (8)
comprising a radio transmitter (5) and a switch (4) connected to radio
transmitter (5), the switch (4) comprising an actuator (4a) moveable between a first position in which the radio transmitter (5)
is inactive and a second position in which the radio transmitter (5) is active,
characterized in that the switch (4) comprises an
elastic element for automatically moving the actuator (4a) moves automatically from the first to the
second position upon separation of the ski boot
(3) from the ski binding (8).
4. Ski binding (8) according to claim 3
comprising a further switch (10) arranged to
deactivate the radio transmitter (5) when the one-piece ski binding (8)
is manually opened.
54.
Ski (1) or ski binding (8) according to claim 1, 2 or 4 3 wherein the actuator
(4a) is a metal plate, a U-shaped bar or a push
button.
Sander & Jelle
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