`
`Filed on behalf of:
`Patent Owner STAR EnviroTech, Inc.
`By: Edward A. Schlatter, Reg. No. 32,297
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`Edward.Schlatter@knobbe.com
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`Brenton R. Babcock, Reg. No. 39,592
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`Brent.Babcock@knobbe.com
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`Jared C. Bunker, Reg. No. 58,474
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`Jared.Bunker@knobbe.com
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`
`
`Irvine, CA 92614
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`Tel:
`(949) 760-0404
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`Fax: (949) 760-9502
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`
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`REDLINE DETECTION, LLC
`Petitioner
`
`v.
`
`STAR ENVIROTECH, INC.
`Patent Owner
`
`________________________
`
`Case IPR2013-00106
`Patent 6,526,808
`________________________
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`DECLARATION OF JIM SAFFIE
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`STAR EX. 2007
`Redline v. Star EnviroTech
`Case IPR2013-00106
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`
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
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`I, Jim Saffie, do hereby declare as follows:
`
`I. Qualifications and Experience
`1.
`I am the President and CEO of STAR EnviroTech, Inc. (“STAR”), the
`
`owner of U.S. Patent No. 6,526,808 (“the ’808 patent”).
`
`2.
`
`3.
`
`I am also one of the co-inventors listed on the ’808 patent.
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`In 1977, I opened an automotive service and repair facility in Pacific
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`Palisades, California. After nine years, I moved from that location to a location in
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`Santa Monica, California. My facility specialized in the service and repair of
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`Mercedes-Benz vehicles. I owned and operated that business for 24 years,
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`eventually selling it in 2001.
`
`4.
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`During the 24 years of operating my automotive service and repair
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`facility, I was personally involved and worked closely with our technicians,
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`advising and assisting with diagnosing and repairing vehicles. During my career, I
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`also studied many automotive technology textbooks, many automaker technical
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`service and repair publications, and took many technical courses. One of the
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`automotive engine systems that I became familiar with during the years at my
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`facility was the fuel evaporative emissions (“EVAP”) system.
`
`5.
`
`I understand that Redline Detection, LLC filed a Petition For Inter
`
`Partes Review of the ’808 patent. The Petition was directed toward Claims 9 and
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
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`10 of the ’808 patent. I also understand that on July 1, 2013, the Board issued its
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`Decision, which instituted inter partes review of Claims 9 and 10 of the ’808
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`patent.
`
`II. STAR EnviroTech, Inc.
`6.
`STAR is a research and development company specializing in tools
`
`for EVAP systems of all vehicles, and in particular, leak detection equipment and
`
`methods for EVAP systems. STAR owns several patents and patent applications
`
`relating to EVAP leak detection equipment and methods, including the ’808 patent.
`
`STAR designs and sells vehicle leak detection equipment through three wholly-
`
`owned subsidiaries: Global Leak Detection Corp. (“Global”), Champion
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`Engineering, Inc. (“Champion”), and Worldwide Vapor, Inc. (“Worldwide”).
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`7.
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`STAR designs and sells leak detection equipment for performing the
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`methods claimed in the ’808 patent, as well as STAR’s other intellectual property.
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`STAR, through its subsidiaries Global, Champion, and Worldwide, has partnered
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`with the authorized tool and equipment suppliers of leading automobile
`
`manufacturers to design and deliver custom-built smoke-based leak detection
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`systems that perform the methods claimed in the ’808 patent and meet each
`
`automaker’s standards and needs. These leading automobile manufacturers, which
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`are also called “OEMs,” include Acura, Audi, BMW, Chrysler, Ford, General
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`Motors, Honda, Hyundai, Jaguar, Land Rover, Jeep, KIA, Lexus, Mazda,
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`Mercedes-Benz, Nissan, Mitsubishi, Saab, Saturn, Suzuki, Toyota, Volkswagen,
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`and Volvo. Many of these OEMs have mandated that their authorized dealerships
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`use only STAR’s leak detection equipment — equipment that has been designed
`
`for performing the methods claimed in the ’808 patent. A more detailed discussion
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`of which OEMs have mandated STAR’s products is included below.
`
`8.
`
`STAR, again through its subsidiaries, also designs and sells leak
`
`detection equipment for customers outside of the OEM market. This is also called
`
`the “aftermarket.” These aftermarket customers resell or distribute STAR’s
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`equipment primarily to automotive repair facilities that are not OEM authorized
`
`dealerships. This leak detection equipment is also designed to perform the
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`methods claimed in the ’808 patent.
`
`9.
`
`One example of these aftermarket leak detection machines is
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`marketed under the brand name “Snap-on® Smart Smoke®.” Below are pictures
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`and a description of the Smart Smoke® system and its components.
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`10.
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`In early 2000, STAR’s subsidiaries Worldwide and Global signed an
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`agreement with a company called Emi-Tech. The agreement was to resolve a
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`dispute between Emi-Tech and my then-business partner, Ken Pieroni. Emi-Tech
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`at the time manufactured and sold a smoke-based leak detection system, which was
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`sold under the tradename “Vacutec.” Under this agreement, STAR’s subsidiaries
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`purchased Emi-Tech’s rights to the tradename “Vacutec.” STAR used the
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`tradename Vacutec to market one of the vehicle leak detection systems it designed
`
`and sells to its OEM and aftermarket customers. The Vacutec system sold by
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`STAR through its subsidiary Worldwide will be discussed in greater detail below.
`
`11.
`
`In late 2005, STAR signed an agreement with a company called K-
`
`Line Industries, Inc. (“K-Line”). K-Line also manufactured and sold smoke-based
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`leak detection systems, which were marketed under its tradename “K-Line.” These
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`smoke-based leak detection systems performed the methods claimed in the ’808
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`patent. K-Line also manufactured and sold leak detection accessories. By the
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`agreement, STAR purchased the rights to the tradename “K-Line,” all other
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`intellectual property owned by K-Line relating to its leak detection products, all of
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`its customer and marketing data, and all of its smoke-based leak detection system
`
`inventory. STAR continued to manufacture and market the smoke-based leak
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`detection system originally manufactured and sold by K-Line. STAR continued to
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`market these systems using the tradename “K-Line.” The K-Line system will be
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`discussed in greater detail below.
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`III. The Methods Covered By Claims 9 and 10 Of The ’808 Patent
`12. Claims 9 and 10 of the ’808 patent are as follows:
`
`Claim 9
`A method for generating smoke for use at a volatile, potentially
`explosive environment, said method comprising the steps of:
`locating a heating element within a closed smoke producing
`chamber, said smoke producing chamber having a gas inlet
`and a smoke outlet;
`delivering a flammable fluid to said heating element within the
`closed smoke producing chamber;
`energizing said heating element for vaporizing into smoke
`within the closed smoke producing chamber the flammable
`fluid that is delivered thereto;
`blowing a supply of non-combustible gas under pressure into
`the closed smoke producing chamber by way of said gas
`inlet thereof for (1) creating an inert environment within said
`chamber so as to prevent ignition and thereby avoid the
`possibility of an explosion when said flammable fluid is
`vaporized into smoke by said heating element and (2) for
`carrying the smoke to the volatile potentially explosive
`environment by way of the smoke outlet of the closed smoke
`producing chamber, said volatile potentially explosive
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`environment being a closed system undergoing testing for
`leaks; and
`connecting the smoke outlet of said closed smoke producing
`chamber to the closed system undergoing testing, said
`supply of non-combustible gas for creating an
`inert
`environment within the closed system to which the smoke is
`carried, said inert environment with the closed system
`preventing ignition within the closed system during the
`testing thereof;
`wherein the closed system to be tested for leaks at the volatile,
`potentially explosive environment is the evaporative system
`of a motor vehicle including a fuel tank, further comprising
`delivering smoke from the smoke outlet of said smoke
`producing chamber to the fuel tank.
`Claim 10
`The method for generating smoke recited by claim 9,
`comprising the additional step of regulating the pressure at
`which the smoke is carried by said non-combustible gas from
`said closed smoke producing chamber to the closed system
`undergoing testing.
`
`13.
`
`I understand that the Board in its Decision to institute inter partes
`
`review defined or construed several terms that appear in these claims. Those terms
`
`include the following:
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` “Flammable Fluid,” which the Board construed to mean “a fluid,
`including a liquid or gas (e.g., an oil), capable of catching fire and
`burning.”
`
` “Locating,” which the Board construed to mean “to establish an
`element in a position, situation or locality.”
`
` “Closed,” which the Board construed to mean “an adjective describing
`a chamber or other container the entrances, apertures, or gaps of
`which have been stopped or obstructed, e.g., sealed.”
`
` “Smoke,” which the Board construed to mean “a vapor or mist
`produced by blowing a flammable liquid against a heating element.”
`
`14. Without acquiescing to these constructions, I will apply them for
`
`purposes of my declaration testimony here.
`
`IV. STAR EnviroTech, Inc.’s Smoke-Based EVAP Leak Detection Systems,
`Which Have Been Designed And Prescribed For Performing The
`Methods Covered By Claims 9 and 10 Of The ’808 Patent, Have Been
`Mandated For Use By Numerous Automobile Manufacturers
`
`15. STAR, through its subsidiaries Global, Champion, and Worldwide,
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`has partnered with the authorized tool and equipment suppliers of leading
`
`automobile manufacturers to design and deliver custom-built smoke-based leak
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`detection systems that perform the methods claimed in the ’808 patent and meet
`
`each automaker’s standards and needs. For example, beginning in around 2001,
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`STAR’s subsidiary Champion partnered with a company called SPX Kent-Moore,
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`which was the exclusive tool and equipment supplier for all GM-owned
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`automobile manufacturers, as well as other manufacturers. The GM-owned
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`automobile manufacturers at the time included GM, Cadillac, Chevrolet, Buick,
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`GMC, Pontiac, Saturn, Hummer, Saab, Suzuki, and Oldsmobile. STAR developed
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`a smoke-based leak detection system for SPX Kent-Moore that can be used to
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`perform and is prescribed to perform the methods claimed in Claims 9 and 10 of
`
`the ’808 patent (“the Kent-Moore System”).
`
`16. Since 2001, GM has mandated that all of its authorized dealerships,
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`including all of the authorized dealerships for GM, Cadillac, Chevrolet, Buick,
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`GMC, Pontiac, Saturn, Hummer, Saab, Suzuki, and Oldsmobile, use only the Kent-
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`Moore System for leak testing EVAP systems. Included as Exhibit 2008 is a copy
`
`of the 2001 “Essential Tool Release Notification” that was sent to GM’s authorized
`
`dealerships informing them of the mandate. GM still mandates that all of its
`
`authorized dealerships use only the Kent-Moore System for leak testing EVAP
`
`systems, though the list of GM-owned brands has changed somewhat since 2001.
`
`17. Below are pictures of the Kent-Moore System and its various
`
`components.
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`18. The Kent-Moore System includes power cables for connecting the
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`system to a vehicle battery, a smoke-producing chamber, which consists of a
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`heater, a gas inlet and hose for receiving nitrogen into the smoke-producing
`
`chamber, and a smoke outlet and hose for supplying smoke from the smoke
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`producing chamber to the automobile EVAP system. A copy of the operational
`
`manual for the Kent-Moore System is included as Exhibit 2009. The operational
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`manual was written by Kent-Moore and Approved by GM, and is included with
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`every Kent-Moore system.
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`19. The below table details how the Kent-Moore System is used to
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`perform, and how the operator manual prescribes users to use the Kent-Moore
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`System to perform, the methods claimed in Claims 9 and 10 of the ’808 patent:
`
`Claim Language
`
`Description
`
`9. A method for generating smoke
`for use at a volatile, potentially explosive
`environment, said method comprising the
`steps of:
`locating a heating element within a closed
`smoke producing chamber,
`
`The Kent-Moore System is a smoke-
`based
`leak detection system for
`detecting and locating leaks in the
`volatile,
`potentially
`explosive
`environment of
`the
`automobile
`EVAP system. Ex. 2009 at Cover.
`The Kent-Moore System has a
`smoke-producing chamber, and the
`chamber contains a heating element.
`
`said smoke producing chamber having a
`gas inlet and a smoke outlet;
`
`The smoke producing chamber has a
`gas inlet and a smoke outlet.
`
`to said
`delivering a flammable fluid
`heating element within
`the closed
`smoke producing chamber;
`
`instructs
`The Operational Manual
`users to add “UltraTrace UV Smoke
`Producing Fluid”
`to
`the smoke
`producing chamber. Id. at 4. This
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`Claim Language
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`Description
`
`for
`said heating element
`energizing
`the
`vaporizing
`into smoke within
`closed smoke producing chamber the
`flammable
`fluid
`that
`is delivered
`thereto;
`
`mineral-oil fluid is flammable and is
`delivered to the heating element via a
`delivery mechanism connected to the
`gas inlet.
`
`After the battery clips from the Kent-
`Moore System are connected to the
`car battery (Id. at 5-6), and the
`NITROGEN/SMOKE valve on the
`control panel is turned to SMOKE
`(Id. at 7), the heating element in the
`smoke
`producing
`chamber
`is
`energized.
`
`blowing a supply of non-combustible gas
`under pressure into the closed smoke
`producing chamber by way of said gas
`inlet thereof for (1) creating an inert
`environment within said chamber so as
`to prevent ignition and thereby avoid
`the possibility of an explosion when
`said flammable fluid is vaporized into
`smoke by said heating element and (2)
`
`the NITROGEN/SMOKE
`When
`valve on the control panel is turned to
`SMOKE (Id. at 7), gas from the
`nitrogen cylinder enters the smoke
`producing chamber through the gas
`inlet, filling
`the chamber.
` The
`chamber
`is closed.
` Thus,
`the
`nitrogen gas
`creates
`an
`inert
`environment within
`the chamber,
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`Claim Language
`
`Description
`
`for carrying the smoke to the volatile
`potentially explosive environment by
`way of the smoke outlet of the closed
`smoke
`producing
`chamber,
`said
`volatile
`potentially
`explosive
`environment being a closed system
`undergoing testing for leaks; and
`
`the
`inside
`ignition
`preventing
`chamber and avoiding the possibility
`of an explosion when the fluid is
`vaporized into smoke by the heating
`element. The EVAP system of the
`vehicle being tested is sealed off. Id.
`at 6. The hose from the smoke outlet
`is connected to the EVAP system.
`Id. at 6. The nitrogen gas also carries
`the smoke from the smoke producing
`chamber to the EVAP system, which
`is closed. Id.at 7. The EVAP system
`of an automobile
`is a volatile
`potentially explosive environment.
`
`connecting the smoke outlet of said closed
`smoke producing chamber to the closed
`system undergoing testing,
`
`The hose from the smoke outlet is
`connected
`to
`the closed EVAP
`system. Id. at 6.
`
`said supply of non-combustible gas for
`creating an inert environment within
`the closed system to which the smoke
`is carried, said inert environment with
`
`The nitrogen gas from the nitrogen
`cylinder
`is non-combustible and
`creates an inert environment within
`the closed EVAP system when the
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`Claim Language
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`Description
`
`the closed system preventing ignition
`within the closed system during the
`testing thereof;
`
`wherein the closed system to be tested for
`leaks at the volatile, potentially explosive
`environment is the evaporative system of a
`motor vehicle including a fuel tank,
`
`further comprising delivering smoke from
`the smoke outlet of said smoke producing
`chamber to the fuel tank.
`
`Kent-Moore system is used according
`to the Operational Manual.
`The inert environment within the
`closed EVAP system created by
`operating the Kent-Moore System
`according to the Operational Manual
`prevents ignition within the closed
`EVAP System.
`
`The Kent-Moore System is specified
`for use with evaporative emissions
`systems. Id. at Cover.
`
`The evaporative emission system
`includes a fuel tank. Id. at 6.
`
`
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`
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`10. The method for generating smoke
`recited by claim 9
`
`See above
`
`of
`step
`additional
`the
`comprising
`regulating the pressure at which the smoke
`
`The Kent-Moore System includes a
`pressure regulator, which regulates
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`Description
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`is carried by said non-combustible gas
`from
`said closed
`smoke producing
`chamber to the closed system undergoing
`testing.
`
`the pressure at which the nitrogen gas
`from the cylinder enters the smoke-
`producing chamber and the pressure
`at which the smoke produced in the
`chamber is carried by the nitrogen
`gas to the closed EVAP system for
`testing. Id. at 6-7.
`
`
`
`20. Similarly, in around 2006, STAR’s subsidiary Worldwide partnered
`
`with Ford’s tool and equipment division called Rotunda, which was the authorized
`
`tool and equipment supplier for Ford, Lincoln, Mercury, Jaguar, and Land Rover.
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`STAR developed a smoke-based leak detection system for Rotunda that can be
`
`used to perform and is prescribed to perform the methods claimed in Claims 9 and
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`10 of the ’808 patent (“the Rotunda System”). The Rotunda System is co-branded
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`with the Ford-Rotunda logo and the tradename “Vacutec.”
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`21. Since 2006, Ford, Lincoln, Mercury, Jaguar, and Land Rover
`
`mandated that all new authorized dealerships and preexisting dealerships that did
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`not already have an EVAP leak detection system use only the Rotunda System for
`
`leak testing EVAP systems. This mandate remains in effect today for Ford,
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`Lincoln, and Mercury. Even though Jaguar and Land Rover were recently
`
`acquired by the Indian car manufacturer Tata, they continue the mandate for this
`
`same equipment. The system for Jaguar and Land Rover is co-branded with the
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`Jaguar/Land-Rover logo and the tradename “Vacutec.”
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`22. Below are pictures of
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`the Rotunda System and
`
`its various
`
`components.
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`23. The Rotunda System includes 12-volt power supply cable and a
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`smoke-producing chamber, which consists of a heating element, a solution fill port,
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`a fluid delivery mechanism, and a gas inlet. The Rotunda System also includes a
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`hose for receiving nitrogen into the smoke-producing chamber, and a smoke outlet
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`and hose for supplying smoke from the smoke producing chamber to the
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`automobile EVAP system. A copy of the operator manual for the Rotunda System
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`is included as Exhibit 2010. The operator manual was written by Worldwide’s
`
`technical staff and approved by Ford, and is included with every Rotunda System.
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`24. The below table details how the Rotunda System is used to perform,
`
`and how the operator manual prescribes users to use the Rotunda System to
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`perform, the methods claimed in Claims 9 and 10 of the ’808 patent:
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`Claim Language
`
`Description
`
`9. A method for generating smoke
`for use at a volatile, potentially explosive
`environment, said method comprising the
`steps of:
`locating a heating element within a closed
`smoke producing chamber,
`
`The Rotunda System is a smoke-
`based
`leak detection system for
`detecting and locating leaks in the
`volatile,
`potentially
`explosive
`environment of
`the
`automobile
`EVAP system. Ex. 2010 at Cover. It
`has a smoke-producing chamber with
`a heating element.
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`Claim Language
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`Description
`
`said smoke producing chamber having a
`gas inlet and a smoke outlet;
`
`The smoke producing chamber has a
`gas inlet and a smoke outlet.
`
`to said
`delivering a flammable fluid
`heating element within
`the closed
`smoke producing chamber;
`
`for
`said heating element
`energizing
`the
`vaporizing
`into smoke within
`closed smoke producing chamber the
`flammable
`fluid
`that
`is delivered
`thereto;
`
`The Operator Manual instructs users
`to add the smoke-generating fluid to
`the smoke producing chamber. Id. at
`14. The mineral oil-based fluid is
`flammable and delivered
`to
`the
`heating element via a delivery
`mechanism connected
`to
`the gas
`inlet.
`
`After the AC power is connected to
`the Rotunda System (Id. at 3, 6) and
`the SMOKE “on” button on the
`control panel is pressed (Id. at 13),
`the heating element in the smoke
`producing chamber is energized.
`
`blowing a supply of non-combustible gas
`under pressure into the closed smoke
`producing chamber by way of said gas
`inlet thereof for (1) creating an inert
`environment within said chamber so as
`
`When the SMOKE button is pressed
`(Id. at 13), gas from the nitrogen
`generator enters the smoke producing
`chamber through the gas inlet, filling
`the chamber. The chamber is closed.
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`Claim Language
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`Description
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`to prevent ignition and thereby avoid
`the possibility of an explosion when
`said flammable fluid is vaporized into
`smoke by said heating element and (2)
`for carrying the smoke to the volatile
`potentially explosive environment by
`way of the smoke outlet of the closed
`smoke
`producing
`chamber,
`said
`volatile
`potentially
`explosive
`environment being a closed system
`undergoing testing for leaks; and
`
`Thus, the nitrogen gas creates an
`inert
`environment within
`the
`chamber, preventing ignition inside
`the chamber and avoiding
`the
`possibility of an explosion when the
`smoke-generating
`solution
`is
`vaporized into smoke by the heating
`element. The EVAP system of the
`vehicle being tested is sealed off. Id.
`at 13. The hose from the smoke
`outlet is connected to the EVAP
`system. Id. at 9. The nitrogen gas
`also carries the smoke from the
`smoke producing chamber to the
`EVAP system, which is closed. Id. at
`13.
` The EVAP system of an
`automobile is a volatile potentially
`explosive environment.
`
`connecting the smoke outlet of said closed
`smoke producing chamber to the closed
`system undergoing testing,
`
`The hose from the smoke outlet is
`connected
`to
`the closed EVAP
`system. Id. at 9.
`
`21
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
`
`
`
`
`
`Claim Language
`
`Description
`
`said supply of non-combustible gas for
`creating an inert environment within
`the closed system to which the smoke
`is carried, said inert environment with
`the closed system preventing ignition
`within the closed system during the
`testing thereof;
`
`wherein the closed system to be tested for
`leaks at the volatile, potentially explosive
`environment is the evaporative system of a
`motor vehicle including a fuel tank,
`
`The nitrogen gas from the nitrogen
`generator
`is non-combustible and
`creates an inert environment within
`the closed EVAP system when the
`Rotunda System is used according to
`the Operator Manual. See id. at
`Cover, 7. The inert environment
`within
`the closed EVAP system
`created by operating the Rotunda
`System according to the Operator
`Manual prevents ignition within the
`closed EVAP System.
`
`The Rotunda System is specified for
`use with
`evaporative
`emissions
`systems. See, e.g., id. at Cover.
`
`further comprising delivering smoke from
`the smoke outlet of said smoke producing
`chamber to the fuel tank.
`
`The evaporative emission system
`includes a fuel tank. Id. at 10, 12, 13,
`17.
`
`
`
`
`
`22
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
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`
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`
`
`Claim Language
`
`Description
`
`10. The method for generating smoke
`recited by claim 9
`
`See above
`
`of
`step
`additional
`the
`comprising
`regulating the pressure at which the smoke
`is carried by said non-combustible gas
`from
`said closed
`smoke producing
`chamber to the closed system undergoing
`testing.
`
`includes a
`The Rotunda System
`pressure regulator (Id. at 3, 8), which
`regulates the pressure at which the
`nitrogen gas from nitrogen generator
`enters the smoke-producing chamber
`and the pressure at which the smoke
`produced in the chamber is carried by
`the nitrogen gas to the closed EVAP
`system for testing. Id. at 13.
`
`
`
`25.
`
`In around 2010, STAR, through its subsidiary Worldwide, designed
`
`two additional smoke-based leak detection systems for Rotunda. These two new
`
`systems had fewer features than the original Rotunda System, and were thus less
`
`expensive. Nevertheless, these two new systems were designed and prescribed to
`
`perform the methods claimed in Claims 9 and 10 of the ’808 patent in the same
`
`way that the original Rotunda System discussed above. These two newer systems
`
`are also branded with the tradename “Vacutec.” Pictures of these two newer
`
`systems are included below:
`
`23
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
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`
`
`
`
`
`
`
`
`
`
`26. Since 2011, Ford, Lincoln, Mercury, have allowed their authorized
`
`dealerships to choose either the original Rotunda System or one of these two newer
`
`models.
`
`27. STAR, through its subsidiary Worldwide, has also partnered with a
`
`company called SPX Miller Special Tools, which is the authorized tool and
`
`equipment supplier for Chrysler, Dodge, and Jeep. STAR developed a smoke-
`
`based leak detection system for SPX Miller Special Tools that performs the
`
`methods claimed in Claims 9 and 10 of the ’808 patent (“the Miller System”). The
`
`Miller System is branded with the tradename “SPX.”
`
`24
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
`
`
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`
`
`28. Since 2011, Chrysler, Dodge, and Jeep have mandated that all new
`
`authorized dealerships and preexisting dealerships without an EVAP leak detection
`
`system use only the Miller System for leak testing EVAP systems.
`
`29. Pictures showing the Miller System and its components are included
`
`below.
`
`
`
`
`
`
`
`25
`
`
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
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`
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`
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`26
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`
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
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`
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`30. The Miller System includes power cables for connecting the system to
`
`a vehicle battery, a smoke-producing chamber, which consists of a heating element
`
`and fluid delivery mechanism, a gas inlet and hose for receiving nitrogen into the
`
`smoke-producing chamber, and a smoke outlet and hose for supplying smoke from
`
`the smoke producing chamber to the automobile EVAP system. A copy of the
`
`operation manual for the Miller System is included as Exhibit 2011. The operation
`
`manual was written by SPX and approved by Chrysler, and is included with every
`
`Miller System.
`
`31. The below table details how the Miller System is used to perform, and
`
`how the operation manual prescribes users to use the Miller System to perform, the
`
`methods claimed in Claims 9 and 10 of the ’808 patent:
`
`
`
`Claim Language
`
`Description
`
`9. A method for generating smoke
`for use at a volatile, potentially explosive
`environment, said method comprising the
`steps of:
`locating a heating element within a closed
`smoke producing chamber,
`
`The Miller System is a smoke-based
`leak detection system for detecting
`and locating leaks in the volatile,
`potentially explosive environment of
`the automobile EVAP system. See,
`e.g., Ex. 2011 at Cover, 5, 12. It has
`a smoke-producing chamber, and the
`
`27
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`
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
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`
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`
`
`Claim Language
`
`Description
`
`chamber contains a heating element.
`
`said smoke producing chamber having a
`gas inlet and a smoke outlet;
`
`The smoke producing chamber has a
`gas inlet and a smoke outlet.
`
`to said
`delivering a flammable fluid
`heating element within
`the closed
`smoke producing chamber;
`
`for
`said heating element
`energizing
`the
`vaporizing
`into smoke within
`closed smoke producing chamber the
`flammable
`fluid
`that
`is delivered
`thereto;
`
`The Operation Manual instructs users
`to add the smoke-generating fluid to
`the smoke producing chamber. Id. at
`4. This mineral oil-based fluid is
`flammable and delivered
`to
`the
`heating element via a delivery
`mechanism connected
`to
`the gas
`inlet.
`
`After the battery clips from the Miller
`System are connected to the car
`battery (Id. at 6), and the Smoke/Air
`Control Switch on the control panel
`is turned to Smoke (Id. at 7), and the
`START button is pressed (Id.), the
`heating element
`in
`the
`smoke
`producing chamber is energized.
`
`blowing a supply of non-combustible gas When the Smoke/Air Control Switch
`
`28
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`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
`
`
`
`
`
`Claim Language
`
`Description
`
`under pressure into the closed smoke
`producing chamber by way of said gas
`inlet thereof for (1) creating an inert
`environment within said chamber so as
`to prevent ignition and thereby avoid
`the possibility of an explosion when
`said flammable fluid is vaporized into
`smoke by said heating element and (2)
`for carrying the smoke to the volatile
`potentially explosive environment by
`way of the smoke outlet of the closed
`smoke
`producing
`chamber,
`said
`volatile
`potentially
`explosive
`environment being a closed system
`undergoing testing for leaks; and
`
`on the control panel is turned to
`SMOKE (Id. at 7), gas from the
`nitrogen cylinder enters the smoke
`producing chamber through the gas
`inlet, filling
`the chamber.
` The
`chamber
`is closed.
` Thus,
`the
`nitrogen gas
`creates
`an
`inert
`environment within
`the chamber,
`preventing
`ignition
`inside
`the
`chamber and avoiding the possibility
`of an explosion when the smoke-
`generating fluid is vaporized into
`smoke by the heating element. The
`EVAP system of the vehicle being
`tested is sealed off. Id. at 12. The
`hose
`from
`the smoke outlet
`is
`connected to the EVAP system. Id.
`at 12. The nitrogen gas also carries
`the smoke from the smoke producing
`chamber to the EVAP system, which
`is closed. Id. The EVAP system of
`an automobile is a volatile potentially
`
`29
`
`
`
`Declaration of Jim Saffie
`IPR2013-00106 - Redline Detection v. STAR EnviroTech
`
`
`
`
`
`Claim Language
`
`Description
`
`explosive environment.
`
`connecting the smoke outlet of said closed
`smoke producing chamber to the closed
`system undergoing testing,
`
`The hose from the smoke outlet is
`connected
`to
`the closed EVAP
`system. Id. at 12, 15.
`
`said supply of non-combustible gas for
`creating an inert environment within
`the closed system to which the smoke
`is carried, said inert environment with
`the closed system preventing ignition
`within the closed system during the
`te
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