throbber
In the United States Patent and Trademark Office
`
`Before the Patent and Trial Appeal Board
`
`Rapak LLC,
`Petitioner
`
`v.
`
`Scholle Corporation,
`Patent Owner
`
`Case IPR2014-00847
`Patent 8,488,799
`
`37 CFR §1.131 Declaration of Charles Thurman
`
`Pursuant to 37 CFR §1.131, the undersigned declares the following:
`
`1.
`
`My name is Charles Thurman. I am over the age of 18, I am competent to make
`
`this Declaration, and I have personal direct knowledge of the facts set forth in
`
`2.
`
`3.
`
`this Declaration.
`
`I am presently employed by Scholle Corporation.
`
`Along with James J. Arch, I am named as an inventor on U.S. Patent Number
`
`8,448,799, entitled “Self Sealing Bag in Box Cap Assembly,” which issued on May
`
`28, 2013, from U.S. Patent Application Number 12/589,368 (filed October 22,
`
`2009), which claimed the benefit of U.S. Patent Application Number 61/196,969
`
`(filed October 22, 2008).
`
`4.
`
`At least as early as July 2008, Mr. Arch and I were working on a design for a self-
`
`sealing bag-in-box cap assembly. Our design included a retaining ring that would
`
`hold a pierceable sealing membrane in place in the inside the body of the cap
`
`23339490v2
`
`Scholle Corporation: Exhibit 2002-1
`Rapak LLC v. Scholle Corporation
`IPR2014-00847
`
`Scholle Corporation: Exhibit 2002-1
`Rapak LLC v. Scholle Corporation
`IPR2014-00847
`
`

`

`assembly. We conceived of several different configurations for the retaining ring,
`
`including one having a three-sided cross-section and one having a four—sided
`
`cross-section. The four-sided configuration, which we referred to as the “staked
`
`ring” configuration, is shown in Exhibit 1 to this Declaration. The Microsoft
`
`PowerPoint file from which Exhibit 1 was prepared has a “last modified” date of
`
`August 22, 2008, as shown by Exhibit 2, which is a screen shot of the “Properties”
`
`reported by Microsoft PowerPoint.
`
`5.
`
`In US. Patent Application Number 61/196,969, filed on October 22, 2008, we
`
`included the three-sided cross—section retaining ring in Figures 3 and 4.
`
`However, as noted in that application, at paragraph 0023, we did not intend that
`
`the retaining ring of the invention would be limited to that configuration. In US
`
`Patent Application Number 12/589,368, filed on October 22, 2009, we included a
`
`different four-sided cross-section retaining ring in Figures 3 and 4.
`
`6.
`
`During the time between July 2008 and October 22, 2009, we diligently
`
`continued design of the box cap assembly using retaining ring of various shapes,
`
`including the four-sided cross-section retaining ring shown in Exhibit 1. At no
`
`time prior to October 22, 2009 did we abandon the four—sided cross-section
`
`retaining ring shown in Exhibit 1.
`
`7.
`
`As shown by the annotations in Exhibit 1 (which were added to the original
`
`drawing for purposes of this Declaration), the retaining ring (b)(shown in red)
`
`has four sides, with one side (a) having an edge that slopes inward and
`
`downward. The sealing member (d), shown in grey is positioned below the
`
`sealing membrane engagement surface (c) of the retaining ring (b), and above the
`
`membrane engaging flange (6) of the body of the cap assembly. As can be seen by
`
`37 CFR §1.131 Declaration of Charles Thurman
`Sch oii'e Corporafion: Exhibit 2002;
`2333949”
`Rapak LLC v. Scholle Corporation
`IPR2014-00847
`
`Scholle Corporation: Exhibit 2002-2
`Rapak LLC v. Scholle Corporation
`IPR2014-00847
`
`

`

`the two dotted lines (D, the inwardly sloping protective flange (a) extends
`
`inwardly beyond the inner edge of the membrane engaging flange (e).
`
`8.
`
`I declare that all statements made herein on my own knowledge are true and that
`
`all statements made on information and belief are believed to be true, and further
`
`that these statements were made with the knowledge that willful false statements
`
`and the like so made are punishable by fine or imprisonment, or both, under
`
`section 1001 of Title 18 of the United States Code, and that such willful false
`
`statements may jeopardize the validity of the application or any patent issuing
`
`thereon.
`
` E arles Thurman
`
`
`I
`37 CFR §1.131 Declaration of Charles Thurman
`E :I I E
`E C E
`23339490v2
`Rapak LLC v. Scholle Corporation3
`
`|PR2014- 00847
`
`Scholle Corporation: Exhibit 2002-3
`Rapak LLC v. Scholle Corporation
`IPR2014-00847
`
`

`

`Exhibit 1
`
`
`
`(a) lnwardly sloping
`protective flange
`
`(b) Retaining Ring
`
`(c) Sealing membrane
`
`engagement surface
`
`(d) Sealing membrane
`
`(e) Membrane
`
`engaging flange
`
`(f) Protective flange
`extending beyond
`
`engaging flange
`
`37CFR§1.131 Declaration ofCharlesThurman
`23339490V2
`
`- 4
`I
`X I
`orpora Ion:
`C 0 e
`Rapak LLC v. Scholle Corporation
`|PR2014-00847
`
`Scholle Corporation: Exhibit 2002-4
`Rapak LLC v. Scholle Corporation
`IPR2014-00847
`
`

`

`Exhibit 2
`
`
`
`Properties '
`
`Size
`
`SEtdes
`
`Hidden siides
`
`Etta
`
`Fags
`
`439KB
`
`2
`
`0
`
`Slide 1
`
`id d a tag
`
`Categories
`
`Add a rzategdry
`
`Related Dates
`
`Last Modified
`
`8,:‘223‘2808 3:31 PM
`
`Create-d
`
`852292303 2:15 PM
`
`Last Printed
`
`”Em?!
`
`Related People
`
`Author
`
`cthurman
`
`"‘= .11.
`
`fil_1|'u"'l
`
`Last Modified By
`
`dhurman
`
`Related Documents
`
`]_] Open File Location
`
`Show All Ptogerties
`
`37 CFR §1.131 Declaration of Charles Thurman
`23339490v2
`
`I
`Rapak LLC v. Scholle Corporation5
`|PR2014-00847
`
`Scholle Corporation: Exhibit 2002-5
`Rapak LLC v. Scholle Corporation
`IPR2014-00847
`
`

`

`Scholle Corporation: Exhibit 2002-6
`Rapak LLC v. Scholle Corporation
`|PR2014-OO847
`
`Scholle Corporation: Exhibit 2002-6
`Rapak LLC v. Scholle Corporation
`IPR2014-00847
`
`

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